New-York tribune., 1905-04-18
BE1VERS LOSES.
To Be Tried IN Washington Under
lSupreme'C Courts Decision.
TFRoM THE TRIBUNE BUREAU J

Washington. April 17.-George ". Beavers,
former superintendent Of the division OF salaries
ana allowances in the Postofice Department
will doubtless he brought TO Washington for
1rial al an early date, a result Of the decision
of The United States Supreme Court handed
down to-day. The court denied the petition Of
Beavers for writ Of habeas corpus thus af-
5I1uiug The judgment of the lower court This
IS the last resource Of Beavers ia his prolonged
effort TO escape trial on the charges of con-
spirscy and bribery in connection with the pur-
chase Of the D0re-nus Cancellng machines. and
also involving ex-State Senator George +.
Green. The case of Green is stll in the courts,
and one more effort 10 evade trial is possible
Tor HIM. he can appeal TO the Supreme Court
10 reverse the decision of the lower court. al
though, judging 10y past decisions. il IS not like
~ that anything more than delay would be ac-
oomphshod hy an appeal 10 The highest court
The indications are, however that the govern
'ntnt VIII endeayor 10 bring Beavers to trial i'm
anediatelE, without regard TO the tactics of
Green. II is held by the officials who have this
case in charge that "a verdict against Beavers
can be secured without further delay even If
Green is not brought into court at the trial. It
IS believed however. that Green's counsel would
lInwiHingly permit the trial Of Beavers TO be
feid without their taking part IN ii. II is
Eumed that if Beavers is brought 70 Washington
snd placed on trial Green viii abandon all fur
1her efforts to secure delay. and demand that he
be tried without Beavers on the charges which
involve them both
In the ordinary course of events the mandate
of the Supreme Court in the case would not
issue for thirty days. but it is possible that
government VIII appeal 10 the court for i'm
mediate action ard that. after showing the long
delay which has already resulted from Bea-
Vers's evasile tactics the court viii comply with
she governments appeal
The opinion Of the court was delivered by
Justice NIcKenna, who said on the question Of
removal:
To what offence does the right Of the de-
feudant 10 a speedy trial first attach? Appel
liant c0ntended that the right attaches and be
comes fixed 10 the first accusation. and what
ever be the demands Of public justice. they must
wait. We do not think the right is unqualified
and absolute. The right IS necessarily relative
1l is consistent with delays and depends upon
circumstances. II secures rights to a defendant
but it does not prejudice the rights Of public
justice.
Tie gave much attention 10 Besvers's aIega-
ton that in the hearing before a United states
commissioner he 'rebutted every material al
legation of The Indictment" There could be no
question Of the sufficiency Of the Indictment. II
charged Beavers with entering into an agree
ncnt with the Elliott and Hatch Typewriter
Company under which Beavers was TO receive
SO for every $500 paid 10 that company for
1ypewflters. and concluded. we think a.
finding was justified: in other words. the prouf
afforded 10y the indictment was not overcome
The opinion. therefore. affirmed the order of
ihe Circuit Court dismssing the writ Of habeas
corpus.