New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-10-17
GREEN APPEAL ARGUED.
Postal Fraud Case Up in the S~-
preme Court.
Irrom rhe Tribune Bureau. J

washington Oct 16-Arguments were heard
N the Supreme Court to-day on which hangs 'lie
Gate of George E Green. former member OF Tue
New-York State Senate. charged with conspiracy
an connection with the postal frauds. The case
combining three cases. comes up on appeal from
she United States District Court for the North
srn District of New-York- In its salient feat-
pres II resembles the cases OF Beavers and Lo-
renz which were decided adversely to the ap-
pelIants John C. Johnson appeared for Green
Milton D. Purdy. assistant TO the Attorney Cen
eral. for the government.
The appeal is from order of the District
Court entered on April t. 1905. dismissing writs
OF habeas corpus and certiorari obtained by Sen
etor Green and remanding him 10 the custody or
United States Marshal Clifton D. McDougal, for
removal to the District Of Columbia for trial
The crime with which Green is charged is con-
spiracy with George w Beavers, former general
superintendent of the division Of salaries and
allowances in the Postofice department, to per
petrate fraud on the United states in connec-
ton with the sale to the government OF the
Bundy recorder. time clock. for use In the
Postoffce Department.
Senator Green was arrested at Binghamton,
N. Y. on November 9. 1908. He was examined
before United States Commissioner Hall, and
the Indictment against him offered in evil
dence Green's counsel objected to it on the
ground that there was no proof of the facts con-
rained in it. The commissioner held that the
indictment was not admissible in evidence as
proof OF the acts of crirninality and that it
would be necessary for the government to pro-
duce oral testimony to establish probable cause.
Evidence aliunde the Indictment was given in
behalf Of the government. and the commissioner
held that probable had been shown and
ordered Green to be held TO bail.
Thu BAH was not given. and December 1S,
1903 Green was taken into custody by the
marshal. pending the application to District
Judge Ray for the warrant for his removal to
she District OF Columbia On the same day ap-
plication was made to Judge Ray for writs OF
habeas corpus and certiorari behalf Of the
defendant The delay in deciding the case by
audge Ray was the subject of formal criticism
On the part OF the Department Of Justice 1t
was not until April 4, 1905. that Judge Ray
dismissed the writs and granted the warrant
OF removal a stay Of proceedings was granted
upon the giving of bond The case was lheh
appealed TO the Supreme Court
Mr. Johnson. arguing for Senator Green. con-
fined his arguments strictly to technical ground
The Indictment, he declared, did not charge the
commission Of a crime and could not be treated
as legal evidence Of the facts it alleged Inc
facts alleged did not constitute all the neces-
dence aliunde the Indictment presented by
che original information or complaint 10 the
commissioner he had jurisdiction to issue his
original warrant and no jurisdiction TO take any
OF the subsequent proceedings. The indictment
alleged acts agreed upon between Beavers ano
Green which, being committed or omitted, would
effect a financial loss other damage 10 the
limited States. It should, Green's counsel con-
tended have averred the fraud conspired to be
done, the manner or means conspired fer ERECT
ing IL and the acts conSpred to be done.
The allegation that Green as president OF Inc
international Time Recording Company prom
ised Beavers a commission of " per cent on
every time recorder ordered from that COM
panvs- he said does not set forth conspiracy
much less q conspiracy to defraud the United
States Mr.. Johnson reverted to the record Of
checks passed between Green and Beavers. and
proving that a check passed in payment Of
q debt for cash. yet ii was equally true that
there was no evidence sho wing that ii de-
livered for any corrupt or Illegal purpose. In
the checks were delivered in payment of a debt
for cash.
Mr. Purdy, assistant to the Attorney General,
argued that the decisions of the District Court
relations between Green and Beavers, he said,
which would serve TO explain the numerous and
clandestne financial tranSa ctiOnS between them.
-'AIr. Beavers knew he said that every device
purchased by the government through his inffu-
ence under the secret and corrupt al reement he
had with Mr.. Green conveyed from the United
States Treasury to his pocket Just 10 per cent
of the price which the government should pay
for such device, This arrangement is, in fact
the gist Of the unlawful conspiracy charged in
the indictment, and the bare assertion that the
government not defrauded by such prac-
sices is a shock TO the moral conscience Of every
man who has the least regard for honesty in
private public affairs