The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-01-11
ARGUING TO FREE
THE EMBEzZLERs
Counsel Declares Conspiracy In
dictnlcnt Of Greene and Gay
nor Not Extraditablc.
q
! GOVERNMENTS CONVENTION
GOVERNMENTS CONVENTION
Claims There Was a Conspiracy
TO Dcffaud Which Was
Put Into Operation
tBy Associated PRESS. ,

VI -.--- ---- u
tBy Associated Press)
SAVANNAH. January 1o.--Not yet has
the Greene and Gaynor case. In the Fed.
eral Court reached the point of drawing
Il Jury for the actual trial, and IL may
be days before that stage is arrived at,
so slow is the progress made in thu
presentation of the defendants special
plea and opposition to II by the prose-
cutting attorneys. To-day, like yesterday.
was consumed in the consideration of this
special plea and there IL every reason
10 believe that even Tomorrow will not
see It's conclusion. In fact II may be
next week before the Jury stage of the
case is reached.
Upon the converting of the Federal
Court to-day, A. A. Lawrence. of counsel
Tor Greene and Gaynor. -esumed his ar
gument in support of the plea In abate-
ment offered by the defense yesterday to
the two indictments returned in 1893 and
1902, respectively. Mr.. Lawrence quoted
extensively from authorities relative to
crimes and offenses extraditable. holding
mat the defendants had been extraditcd
IRON Canada upon charges of conspiracy.
lie asserted that never among all the
rAtradltions or requests for extraditions
TO Great Britain was there one based
upon a charge or conspiracy and that OF
the nearly 100 extradtions secured by the
LATED States from the various countries
with which 1t has eXtradition treaties, not
one had ever been upon charge OF con-
spracy. The WELDON of the exclusion OF
conspiracy from the list of extrad table
onenses, he said was cvinced in the fact
that 1t would be possible under it's inclu-
Sion 10 extradite for almost any char
actcr of political offense, which usually
carries with II conspiracy.
Judge Spcer interposed TO ask the co,,n-
sci II a conspiracy had been entered into
and a crime committed, llen could not
those guilty be extradlted; II, for Instance.
forty or fifty persons had conspired wl,I
czolgosz TO murder Mckinley, would not
they have been ex,rDdItable? Mr. Law
renee answered that they would not have
been extiadttable for the conspiracy. but
for the overt act OF murder which had
hecn committed.
In response TO n request from the court
Mr.. Lawrence read the Indictment
brought in 1902 against the defendants,
and then Judge Speer asked Special As
sistant Acknowledgement Erwin to indi-
cate the governments position.
GOVERNMENTS CoNTEM IN
Mr.. Erwin said the government con-
tends TINT there was Il conspiracy to de-
fraud and that this was put into opera
ton and that the putting OF this fraud
into operation constituted fraud and was
therefore cxtraditablc-
There were specified offenses, too, in the
Indictment: one consisting IN the prescrl-
iation for payment of fraudulent ac-
counts.
Mr.. Lawrence argued that the last two
indictments for cmbezzlement and receiv-
ing embezzled funds. returned last No
yember, had been brought because ,e
government recognized that it was ex-
trenlcly doubtful II the defendants could
be tried upon the old ones. because they
did not set forth charges under which
they could be extradlted.
Counsel for the defense. Mr.. Erwin said,
was going over the ground that the de-
PENDANTS Canadian counsel had gone over
In lighting cxtraditon, and that the idea
now was TO escape trial because they had
BEEN ms they alleged, extrstdited wrong
fully upon charges under which they
really should not have been extracted.
Were they extradited for conspiracy p,
asked the court.
Mr. Erwin replied tliat they had been
extraditcd for participation in fraud with
an agent, this agent having been Captain
Carter.
CONTENTION OF DEFE.,.,E.
-lpoH tiit CONCLUSION oil the Grgtin ant
OF Mr.. Erwin. p. W. Meldrin, Lead ns
counsel for the defense, followed in. sup
port OF the contention that the defendants
could not be brought back to the uni,ed
states from Canada upon one charge and
their tried upon different one He cited
decisions in proof of the correctness OF
this position. The defendants. he MAIN
tanned, had been eNtradiIed for particle
patton in fraud and the national honor
demands that they be not tried for some
other offense than that for which they
had been extradted. Good faithsmust pe
kept, he declared with Great Britain,
the country that had delivered tile pms
oners, and the defendants must not be
tried upon charges of conspiracy to
which those embraced in acknowledgements
arc tantanlount. He quoted IL decision
of Judge Speer, before the defendants
lied to Canada. that the offense for which
they We're under Indictment was conspir-
cy. Before Mr.. Meldrim had concluded
his argument an adjournment was taken
until tomorrow.
gel for former Captain Carter. arrived to-
day and was among the spectators in
court. He said that Captain Carter is
ready to appear as II witness or as n ,.e-
PENDANT to the indictments II he Is want
ed.
The government has not stated wheth-
er Captain Carter will be desired in either
capacity.
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