New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-05-30
MERRILL BEFORE 0DELI.
FIGHT FOR EXTRADI1ION.
Counsel for Mrs. Cohen Cites Tsoeed
Case-Hints at Pail"

The case OF Moody Merrill. the Boston banker
who for ten years concealed his identity ulioeI
the name of Colonel Charles T. Gray son. %
Silver City. N n. yesterday occupied the al
;ention of Governor OdelL
Before passing or the request Of the Governor
Of Massachusetts for the extradition oil MerrlI
m an indictment alleging embezzlemenl, Gov
ernor oden decided to hear arguments by lhe
ettcrnevs. and the hearing took place at the
Fifth Avenue Hotel
Governor oden reserved decision, saying that
.ba r-sncspal point to be determined was
,,-,e+ler or not ernbezzle1nent had been COM
Tnitted.
II was urged IN behalf of Merrill that the
transaction concerning promissory note LOT
$4,000 mentioned in the indictment did not
constitute ernbezziement. and il was furtheT al
legged that extradition sought in an efIort
20 collect debt. The Governor said he wouid
announce his decision within the next few days
Merrill who was present, was represented ny
his son. Winthrop L. Merrill and ex-Police Mag
.sKtrate wentworth. They made a strong plea
for Merrill, saying that. no matter what may
have been his past he had been for years lead
snr an upright life and doing his best TO
.,raIsn.en out MS private affairs, which were III
"a tangled state when he vanished from Boston
Ten years ago It was also urged in Merrl!Is
behalf that he be not surrendered TO the Msssa-
rhusetts authorities, as the cases in which ne
was involved were civil and not criminal
J S. Lehnaaier, as the representative OF Mrs
cohen who says she was financially ruined DS
MerrfIl's transactions. asked that he be SEM 10
Boston for trial
by failure TO grant this proper request you
WIFI he casting q stigma on the State OF Mas
sacbusetts which is seeking to get back ana
punish one of its most notorious criminals VINO
for ten years has been hiding IN q distant Ter
ritory and concealing himself under an alas'
he said The amount mentioned In the lnolct-
-neat before you is but drop in the bucket oL
aerriIFs stealings. which in the aggregate
amount to 100000. The claim is made that
Mrs Cohen is not prosecuting Merrill IN good
faith, and is seeking simply 10 collect dept.
That IS untrue. For ten years the woman VINO
was financially ruined, has been seeking to get
This punished
.T-n5ar the name OF Grayson Merrill I'D a
delegation from New-Mexico 10 appeal to the
President Of the United States. Then he posed
rs an honest man. and net Moody Merrill, the
runaway banker, railroad man and former can
oidate for Mayor Of Boston Having sIoleh
100000 he claims TO have sent something ike
$4,000 TO satisfy the claims against him. Does
.her look l.lze repentance on the part of this
bank president and fiscal agent of New-MeNlco'
,rho is wealthy and comes before you with
among these being the firm of W. N Coler q
Co. If men Of wealth ard pull are to be al
lowed TO go unwhipped by justice, then what
chance is there for belief in righteousness ana
5ustieep Remember that William NJ Tweed
with all his power was brought back from Spain
10 suffer the punishment he deserved Moody
Merrill ought on these papers TO be sent back
10 Boston TO suffer for his misdeeds.
winthrop l. Merrill, in pleading foE his father
md referring TO Mrs. Cohen's claim, said he
Thought It had been settled. but that the agent
had rnisappropriated the money and the arrest
had followed. "a. >,
This Goes not excuse my father Of liability.
he said but 1 simply mention il TO your excel
Iency and put in evidence the checks sent 10 the
agent TO show the good faith or Mr.. 1MerrlI4
The circumstances in the case are extraordinary
and the sympathy of the public in Boston ana
This CITY and New-NIexico is with my father IN
his present difficulty, for his creditors reallze
that now. at the moment when he is on the
verge of success and the realization OF ms am
fitio1s he should be allowed his freedom, anc
have an opportunity to work out to the emu ms
plans 10 pay his debts
NJ wentworth said that he was considering
the advissbi of Offering a cash settlement OF
$1,000 to Mrs. Cohen through her counsel when
The application for extradition to Governor bates
of Massachusetts was made, and the negotla-
tions fell through
Governor Odeu said Il was much his duty
20 protect a stranger within the walls Of the
state as the rights of a citizen Of il. He said,
also that his action was subject TO review by a
higher court, and he wanted to be WITHIN the
law in his decision. Talking with the lawyers
governor Oden called their attention TO case
su which Governor Hill refused TO surrender q
man accused in Indictment to the state OF
Ney-Jersey that decision being upheld by the
courts, and since having been ADOPTED py o1heT
States