New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-12-06
MOODY ASKS A NEW LAW.
TO Expedite Trials in Such Cases
as That of Bearers.

Washington. Dec. 5.-Attorney General w. H.
Moody in his annual report to Congress recon-
nendS the enactment OF q law which will provide
in substance that where Indictment is duly re-
turned to court of the United States the Judge
OF that court may in his discretion issue bench
warrant for the arrest of the defendants wherever
they may be found within the limits of the United
states and that it shall be the duty of all persons
authorized to serve such process to arrest the per-
son or persons indicted. and If they fail after
sonabie opportunity to furnish bail for their ap-
pearance, to bring them to the court in which the
Indictment has been found. The Attorney Gen
eral explains that much embarrassment in the ad-
ministration of the law has arisen from the in
ABILITY Of the United States to bring an offender
TO the place and the court where by the
Constitution and laws the accusation against
MIN must be tried. By the Constitution the
trial of all crimes must be held in the
State and district wherein they shall
have been committed" 1t frequently happens that
persons accused not found within the limits of
the district where the offences alleged against them
are triable. The frequency of such absence in
crcases with the gravity OF the accusation, and
where it consists in conspiracy almost invariably
one or more of the alleged offenders without
the Jurisdiction Of the district That at some time
injustice might result TO individuals, says the At
torney General. cannot be denied. The occasional
abuse of power is inseparable from it's existence.
That innocent men now and then indicted for
crime must be confessed. but the indictment OF
grand jury, guided such body usually Is by the
instruction of the Judge and the counsel of the Dis
tricr Attorney. affords assurances that such in
stances of oppression will be rare indeed. On the
other hand. the possibility of delays defeats of
justice which the present system affords renders
the power of the United States ridiculous and
brings contempt on the administration of the law.
In support of his views, Mr. Moody cites a num-
Der of cases under the law in which justice
has been defeated greatly delayed and large ex-
pense unnecessarily incurred by the government
Among these cases is that of the co-defendants
with Captain Oberlin NJ. Carter. in the Savannah
improvements frauds. Mr.. Moody outlines the pro-
ceedlngs and says that only after a delay of
twenty six months did the United States reach the
point where. under the law 1t was permitted 10
take men charged with grave crime to the place
provided by the Constitution for their trial kn
me Two defehoahts, whose presence was most de-
sired. fed from the country and although per-
sstent and continued effort for their recovery has
been made, they still at large Until they shall
De apprehended. it has been deemed undesirable to
proceed with the trai Of the other defendants upon
the Indictment
Another case, he says. is that of George w.
beavers. under indictment in connection with the
Postoffice Department frauds In relation to this
case the Attorney General says:
Mhen Reavers can be obtained for trial no one
im ITf0f CIV with cert atnty How much further
Geiays or the courts and the ingenuity of counsel
only be hoped that at some H' tmn before the
Witnesses are dead. or have forgotten the circumo
proved to be, sufficient to bring the accused rs
mics TO the place appointed by the Constitution for
Another is that Of Hyde Benson Dimond
and Schneider, indicted in February last in the
District of Columbia for defrauding the government
Of large tracts Of public lands. Only of these
defendants has thus far been placed under bail for
tTlal and yet the case, says the report. has cost
the government $4,000
The Attorney General rcnews the recommended
IONS OF his predecessor for q Department Of
Justice building, for amendments TO the naturan-
10 nTO apTt ION
of government officers. agents and employees while
engaged in their official duties.