The Washington times., 1906-01-29
PRISONERS HELD
IN POSTAL FRAUDS
Beavers, Green, and D0re,
mus Must Answer.
DEMURRERS 0VERRULED
Justice Gould Holds That Indictments
Charge Specific Crime Under
the Statutes.

George w. Beavers. State Senator
George E. Green of New York, and
Willard d. Doremus. indicted in con-
nection with the PostofHce scandals, will
have 10 answer the charges against them
IN the Supreme Court of the District.
This is the result OF the decision of
Justice Gould. who today announced his
decision everything the demurrers filed
by Beavers TO the indictments against
him, also the pleas In abatement filed
by Messrs Green and Doremus to the
indictments against them
In oVerruling the case advanced by
the defendants. Justice Gould said: ITO
hold the indictments void on the ground
that they failed TO charge the COM
IaissiOn of a crime. under the statute,
would be 10 sacrifice the administration
~ public justice TO excessive overstrain-
ed observance of form"
Pending for Two Hours.
The indictments against Beavers. Green,
and Doremus have been pending in the
local courts for more than two years.
Messrs Beavers and Green having made
strenuous but Intellectual fight In the
New York courts against coming 10 the
District 10 answer the charges against
them.
There are five indictments pending
against Beavers. In one OF these he is
charged with accepting bride. and in
the others with conspiracy to defraud
the Government. Soon after his case
was set for trial, February p next, he
fled demuTrers TO all the indictments.
Arguments were heard on his objection
two weeks ago. and today the court
overruled his protests.
In the cases of Green and Doremus
they each filed pleas IN abatement 10
the indictments against them. Green
contended that his constitutional rights
were violated because he was called as
/ a witness before the grand jury which,
returned the indictment against him.
and asked to testify concerning the sub
ject-matter upon which the charge
against him is based.
The record of the proce, dlngs before
the grand jury showed that Green an
peared but refused To testify on the
ground that his answers might tend to
incTiminate him. In the case of DOre-
mus the circumstances were entirely
different. He appeared before the Crane
jury but unheSitaIinglY answered all
questions asked him.
The question of the legal force OF the
pleas in abatement came on for hearing
I last week on demurrers filed by the
Government. it being contended il what
was alleged was true il was not suf-
fcient ground to make void the indict-
ment.
Asks for Dismissal.
When Justice Gould announced his
decision oyerruling the demurrers filed
by Beavers and the pleas in abatement
filed by Messrs. Green and Doremus.
Attorney John NJ. Thurston, represent
ing Doremus, in order 10 preserve the
record. filed a motion 10 dismiss the
Indictment against his client. The mo-
tiOn was pre- HIptly Overruled by the
court
Ii is understood a Ike motion will be
made by A S. Worthington. represent
ing State Senator Green.
Attorney A A. Birney. who repre-
sents Beavers. did not intimate what
| will be the next step taken by him in
/ the interests of his client.
/ In the argument OF the questions OF
/ law presented the Government was rep
| resented by District Attorney y. W.
/ Baker. Special Counsel Holmes Conrad.
and Assistant District Attorney stuart
| Mcnamara.