New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-09-16
SURPRISE FROM BEAVERS.
His Ld7cyers attack Validity Of the
Indictment.

With an entirely unexpected argument. Morgan
& Seabury. counsel for George W. Beavers. who
was examined before United States Commissioner
Hitchcock yesterday. declared that an order for
his removal to Brooklyn should not be granted
Commissioner Hitchcock having decided the ques-
ton which has been brought UP in connection with
all the postal fraud indictments-as 10 whether
certified copy of indictment founG IN another
district sufficient evidence of crime-in the
affirmative Max Steuer. associate counsel boldly
attacked the Indictment itself declaring that. as
it faulty drawn. valid order for removal
could be given. United States District Attorney
Burnett. who had not taken any part in the case
before. argued that the indictment was legal Both
sides are to submit briefs. and the Commissioner
will decide on Friday.
Ex-Congressman briggs. Of Brooklyn. who was
indicted in connection with another phase Of the
postal frauds. in during the proceeding
Beavers who looked unnatural because Of mus
tache ne has begun grow appeared rather wor-
ried.
After Major Little. the postof1ce Inspector who
worked the fraudulent case. Identified the
prisoner as the George W. Beavers named in the
Indictment. MIR. Steuer moved 10 have the proceed.
ing dismissed because no PROOF or commission OF
He read many decisions TO support his argument.
Mr.. Wise, Assistant United states District AttOr-
ney, argued that the copy OF the iholCtheh' was
Then Mr. Steuer declared that the Indictment
faulty three separate charges were made
in it. alleging three crimes charged under me one
General Burnett himself replied to this attack
Only crime charged. he said; the lndlct-
ment should be read a whole, not clause oy
clause. The three offences charged constituted
jointly the one crime under the statute
Commissioner Hitchcock declared that he had
studied the question of receiving the indictment as
sufficient proof which TO grant an order OF re-
moval, and thought it was; but on the validity OF
the indictment he not ready 10 pass bOtn
sides to submit memoranda OF their arsuI
ments. and he would adjourn the nearing until
FRIDAY.
If ne decides then that the indictment Is i'm
properly drawn. the chance OF getting Beavers on
that particular charge will be almost lmp0ssipie'
as the indictment, drawn on July - sSS; Shargs
that a crime was committed on July 20 Eo Inc
statute OF ltmita tons. with its thTee-year clause
would intervene to prevent a reindictment .
Postmaster General Payne did not atterd tns
hearing nor did he send the documents DEMANDED
in the subpoena served on hiln by Morgan ~ sea
bury OF this Mr.. Seabury said yesterday:
I'VE did not require Mr.. Payne TO come per
sorally: that is never understood when a subpoena
duces tecum is served. What we wanted vas ths
contract under which the government oouShI ttIle
Brandt-Dent machines. and the CORES PondeuCe oe-
tween the government and the Branct-DenI COM
pany In making our argument ABOUT the laultl-
ness OF the indictment we are not Trying 10 qVdsu
the Indictment we only want TO show that an
order of removal another distrlct cann NO. s se
drawn validity under a faulty indlctnent- we "
sire that some reasonable evidence OF the conntSs5
sion of crime be submitted after that We "ouiu
be willing TO go anywhere TO fight the case