New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-09-19
BROOKLYN FOR BEAVERS.
INDICTMENT HELD V4LID.
His Counsel Want Mr.. YOungS
Declared an Contempt.

On resumption of the examination of George
A. Beavers yesterday, Commissioner Hitchcock
again ruled that the indictment found against
him on July % last was perfectly valid and
sufficient ground for having him returned to
Brooklyn. This Indictment charged him with
accepting check from Edmund H. briggs. for
merry an agent for the fraudulent Automatic
Cashier Company This decision is a decided
setback for Beavers. he and his counsel had
hoped to force the bringing out of more evidence
to his guilt innocence and possibly TO pre-
vent his removal to the other district.
District Attorney Burnett said that a subpoena
had been served District Attorney YOungs, of
Brooklyn, and Miss Wren, the stenographer. and
a subpoena duces tecum on the Postmaster Cen
eral The last named process was that certain
papers might be produced and not for that off,
calls personal appearance.
Counsel for Beavers commented on the failure
Of Mr.. Youngs and Miss Wren to obey the
subpoena, and declared the government was try
ing to suppress the evidence against Beavers.
General Burnett said the defendant had been
indicted in the Eastern District and would re-
ceive the opportunity to prove his innocence
there in due time by the proper form Of pro-
cedure and by the original system established
many years ago. The Commissioners hearing
was not a trial and it's purpose was only TO de-
termine probable cause. The government did
not wish to do an injustice or to take an unfair
advantage. but if witnesses could be brought
from all over the country preliminary hear
ings it would block the wheels of justice. 1t
would be manifesuy improper to try out the
case before a commissioner sitting to determine
probable cause only.
Mr.. Steuer said the defence wanted first to
begin with the testimony of the stenographer
in Mr.. Youngs's office to prove that no such
testimony as alleged in the Indictment had been
given before the Brooklyn grand jury
The three lawyers for the defendant-he him
self. General Burnett and MI Wise-then went
to Judge Hollis chambers where Beavers's coun-
sci asked for process that would compel Mr..
Youngs and Miss Wren to attend the hearing
next Tuesday
Judge Holt said that the only way the sub
ject could be brought before him would be to
have the defence make an application to punish
the witnesses who had disobeyed the subpoena
for contempt. Such an application made
by counsel later, and a request made that Judge
Holt decide it before Tuesday.
United States District Attorney Youngs went
to his home in Garden City. early yesterday
afternoon. but Assistant District Attorney T. 1.
Chatfeld said regarding the failure TO obey the
subpoena
The situation is this: Counsel for Beavers have
think were witnesses before the grand Jury to ind
upon what evidence Beavers indicted.
This is In pursuance Of their policy OF trying 10
place Commissioner Hitchcock in the position OF
jury. The question OF BeaveTs's guilt or innocence
does not have to come before the commissioner
All that it is necessary for him to decide is whether
Beavers is properly wanted in Brooklyn on an in
dictment.
District Attorney YOungs did not obey the sub
pWnas because contend that the subpGnas
were not valid outside OF the district in which
Commissioner Hitchcock sits. When he issued the
papers he did not understand that they were TO be
served outside of his jurisdiction.
Counsel Tor Beavers intimated that they wanted
IN he IRAN I'D contract
Iieyed IL would indicate that somebody besides
Beavers interested in II. and that N refusing
o give II UP shielding somebody: the
facts about the contract have been pubHshed. l
think and Beavers's counsel know ali about H.