New-York tribune., 1903-09-25
MORE TINE FOR GREEN.
4 FURTHER HEARING.
Report That Judge Ray UphOLds
Commissioner Hall.
rrRoN ZEE TnIErNE RuRE.r.l

IRON TRIBUNE BuREAUl
Washington. Sept. 24.-The course " state
Senator George Z. Green. at Binghamton. IS be-
Ing watched with much interest in Washington
A report has been received to the effect that
United States Circuit Judge Ray mad decided
that Green was entitled TO further hearing be-
fore he could be brought to Washington, and
mad advised United States Commissioner Hall
that he was clearly authorized in calling the
postoficc officials TO introduce further evidence
IN support Of the Indictment on which Green's
rendition is demanded. This report has not been
officially confirmed
Ihe letter Of District Attorney Curtiss. asking
for assistance in the prosecution Of Green is
regarded as distinctly TO his credit. Mr. Curtiss
does not ask to be relieved OF his duty. but sug-
gests that in view Of the fact that he has long
entertained personal and cordial relations with
the indicted man. il might be well for the De-
partment Of Justice 10 appoint attorney to
assist him in handling the case, a suggestion
which viii probably receive favorable considera-
ton, and which is regarded as evidence Of COM
mendable delicacy on the part Of Mr. Curtiss.
ofhcials Of the Department Of Justice refuse
TO discuss their probable course in handling
the prosecution OF Greel. but recent events fur
rish an excellent basis from which to reason
out the likely procedure. II may be recalled
that the question OF an Indictment and identif-
cation being construed as probable cause OF
guilt first came up in Toledo. where Mr. and
Mrs. George T. Lorenz resisted rendition on the
same ground now advanced by Green. The de-
cision went against them and they were held
in bail Another case was that Of George w.
Beavers, who fed from the Brooklyn jurisdic-
ton in order to take refuge I'm the borough or
Manhattan In this case Beavers went far
as TO name the United States Commissioner be-
fore whom he was willing 70 surrender. The
department refused absolutely to comply with
his terms and the result was that Beavers
grew weary Of his forced exile and finally
rendered, in Manhattan. but before another
Commissioner, who has since held that in
dictment charging the violation Of a United
States statute. together with identification. was
ample evidence on which 20 grant rendition
So Beavers lost his case.
1t is worthy Of note that there is held by
legal authorities to he a material difference
between an Indictment for violation Of United
States statute. which is ot course uniform in
every jurisdiction. and indictment based on
the violation Of a State or local law, the viola
ton of which might not constitute offence
in the Jurisdiction from which rendition is
sought. The case in the borough OF Manhat
tan. on which the former practice had been
founded. was one where rendition was sought
under an indictment which charged only
lunnbia
So unreasonable does the contention OF Green's
attorneys appear. namely. that the government
shall present its entire case at a preliminary
hearing. at which the defendant is required 70
offer no evidence in rebuttal. and need not even
stand examination himself. that IL IS believed
the government viii not only resist the decision
Of Commissioner Hall. but will even, IL he ad-
heres to his avowed intention, permit Green 70
be set free should Hall dare TO take that course.
In this event Green would be placed in the
position Of a fugitive from justice. and the first
time he ventured outside OF the Binghamton
Jurisdiction he would again be arrested and
held before the United States Commissioner IN
such jurisdiction as the arrest happened 20 be
made There are. moreover. other indictments
pending against Green. and II such returned
the position Of the government will be still fur
ther streng gthened. That Green will be willing
20 adopt q course which viii necessitate his re-
Judge Ray and Commissioner Hall seems I'm
probable.
II has been practically decided that the cases
Of Mechen. Crawford and the Lorenzes will
come up for trial on October 26. and this will
occupy some time II win probably be followed
with the trials based on other indictments, rem
dered earlier than that against Beavers and
Green. so that there viii be q considerabl time
before the presence Of Green viii be actually
guired T. Washington.
Colonel Charles J. Bonaparte, special counsel
on the postofiCe cases spent some time in
Washington to-day, and had a long conference
with Fourth Assistant Postmaster General Bris-
tow. Colonel Bonaparte discussed at length
certain phases Of the postal cases. in which he
is much interested, although he did not refer 70
tbs Bingharnton situation