The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1903-09-19
HITCHCOCK RULES
AGAINST BEAVERS
Commissioner Overrules
Motion to Dismiss
Proceedings.
Counsel for Defense Asserts
Government Is Suppress
ing Evidence.

NEW YORK, Sept. 1s.-At- the eXamina-
ton Of George W. Beavers. the indicted
postal official, charged with conspiracy
with the fraudulent Manufacturing
Company to defraud the Government.
which was resumed to-day, Commits
sioner Hitchcock announced that he had
decided 10 overrule the motion made by
the defense at the previous hearing to
dismiss the proceedings because of the
invalidity of the indictment The defense
contended that the indictment charged
three separate and distinct offenses under
one section of the Federal statutes in
stead Of one as required by law He also
repeated his ruling that the properly GER
titled copy Of the indictment returned in
Brooklyn was sufficient evidence to make
out a case of probable cause and to war
rent the return Of the accused, properly
identified, to the district wherein the in
dictment was returned.
Il developed in the course of the exam
ination. and was admitted upon the rec
ord by District Attorney Burnett. that
subpOenas had been served by the defense
upon District Attorney Youngs in Brook
Ign and his stenographer and a subpoena
for the production of certain papers upon
Postmaster General Payne. the defense
stating that IL wanted the Government to
make out its case before the District
Commissioner in New York, in order that
the defense might prove that Beavers had
nothing whatever to do with the making
of the contract between the Government
and the fraudulent Company. The sub
pOenas had been ignored.
DECLARES BEAVERS INNOCENT.
Attorney Stivers for the defense said:
For the first time on record in this district
the Government seeks TO have this accused
sent to Brooklyn without the preliminary
+ examination that has been accorded every de-
PENDANT arraigned for extradtion in a quar-
ter Of century.
We want to know whom the Government
seeks 10 shield by this indictment We contend
that II permitted to 60 into this case here
we will prove that there is not only a
lack of to believe that crime has been
cerned II Is case of absolute Innocence and
hope TO prove II. But for some reason the
Government seeks to suppress the evidence.
General Burnett said the defendant had
been indicted in the eastern district and
would be given the opportunity to prove
his innocence there in due time.
NOT IN CONTEMPT.
Commissioner Hitchcock ruled that his
subpoenas were not operative outside the
southern district of New York, except on
request and that as a result the persons
subpoenaed in Brooklyn were not in con-
tempt.
To a further statement that the defense
wished to subpoena George F. Miller,
manager Of the fraudulent Company,
and others to prove that there was no
evidence. as alleged in the indictment. of
the payment of money to Beavers, Dis
trict Attorney Burnett replied that from
what the attorney for the defense pro-
posed to prove IL was evidently the inten-
ton Of the defense to turn the examina-
ton into a trial. After adjourning until
next Tuesday counsel for the defense, &C
companied by Commissioner Hitchcock
and Messrs. Bushnell and Wise, appeared
before United States District Judge Holt
for a process compelling District Attor-
ney Youngs and his stenographer, Miss
Wrenn, to obey the subpoena and appear
before Commissioner Hitchcock Tuesday.
Judge Holt ruled that to bring the mat
ter before him the defense would have to
make an application to punish for con-
tempt the witnesses who had disobeyed
the subpoenas.
Later the application was formally
made, Judge Holt being asked TO decide
the question at issue some time before the
next hearing, on Tuesday next.
No argument was made and all pro-
ceedings closed for the day.