The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-12-05
Secretary Mo0dy's Plan for
Bringing Offenders to Justice.
Accused Should Be Arrested
Wherever They Are Found.
BRING THEM TO COURT
Cites Carter and Beavers Cases
as Illustrations
OF How Trial and Punishment
Has Been EVaded.

eral w. H. Moody, in his annual re-
port to congress recommends the enact
ment of a law which will provide in
substance that where an Indictment is
duly returned to court of the United
States the judge of that court may, in
his discretion, issue a bench warrant
for the arrest of the defendants wher-
ever they may be found within the ter
ritorial limits of the United States; and
that it shall be the duty of all persons
authorized to serve such process to ar
rest the person or persons indicted, and
if they fail after reasonable opportunity
to furnish bail for their appearance. to
bring them to the court in which the
indictment has been found.
The attorney general explains that
much embarrassment in the admins
tration of the law has arisen from the
inability of the United States to bring
an offender to the place and the court
where by the constitution and the laws
accusation against him must be tried.
By the constitution the trial of all Of
lenses must be held in 1.-The state and
district wherein they shall have been
committed 1t frequently happens
that persons accused are not found
within the limits of the district where
the offenses alleged against them are
trialable. The frequency of such alb
sence increases with the gravity of the
accusation, and where it consists in a
conspiracy almost invariably one or
more of the alleged offenders are with
out the jurisdiction of the district. That
at some time injustice might result to
individuals, says the attorney general,
can not be denied. The occasional
abuse of power is inseparable from it's
existence. That innocent men now and
then are indicted for crime must be
confessed; but the indictment of
grand jury guided, as such a body
usually is; by the instructions of the
judge and the counsel of the district
attorney affords assurances that such
instances of oppression will be rare in
deed On the other hand, the POSSIBLE
ity of delays and defeats of justice
which the present system affords rem
ders the power of the United States
ridiculous and brings contempt upon
the administrator of the law.
In support of his views Mr.. Moody
cites number of cases under the pres
ent law in which justice has been de-
feated or greatly delayed and large ex-
pense unnecessarily incurred. Among
these cases is that of the co-defendants
with Captain Oberlin NJ. Carter in the
Savannah harbor improvement frauds.
Mr.. Moody outlines the proceedings and
says that after delay of &c months did
the United States reach the point,
where under the law it was permitted
to take men charged with a grave
crime to the place provided by the con-
stitution for their trial. Then the two
defendants whose presence was most
desired, lied the country and although
persistent and continued effort for their
recovery has been made they are still
at large. Until they shall be appre
hended, it has been deemed undesirable
to proceed with the trial of the other
defendants upon the indictment.
Another case, he says, is that of Geo.
w. Beavers, under indictment in con-
nection with the poStoffice frauds. In
relation to this case the attorney gen.
eral says:
when Beavers can be obtained for
trial no one can predict with certainty.
How much immunity from trial the in
of practice, the delays of the
courts, and the ingenuity of counsel
may serve to procure for him, no one
can foretell. 1t can only be hoped that
dead, or have forgotten the circum-
stances, the power of the United States
may be proved to be sufficient to bring
the accused 22S miles to the place ap-
pointed by the constitution for his
trial"
Another case is that of Hyde, Benson,
Diamond and Schneider, indicted in
February last in the district of Colom-
bia for defrauding the government of
large tracts of public lands. Only one
of these defendants thus far has been
placed on trial and yet the case, the
report says, has cost the government
$40, 900.
The attorney general renews the rec
new department of justice guiding; for
to the naturalization laws,
and for laws adequate for the protec-
ton of government officers agents and
employees while engaged in their official
duties.