Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-01-12

SAVANNAH, Ga, January 12.-Judge
Speer, in the federal court this morning,
Immediately upon It's convening, read his
opinion upon the special plea of counsel of
Greene and Gaynor as to the Jurisdiction of
the court. This opinion was adverse to the
defendants, whose petition that they be
discharged from custody was denied. The
opinion of the court was in part as fol-
lows:
THE plea alleges that the court Is with
out Jurisdiction for the reasons therein
stated. They are that the defendants were
lately under the sovereignty of the united
kingdom of Great Britain and Ireland and
that under the treaty and under extradi-
tion proceedings between this government
and that of Great Britain, the defendants
were extradited to be tried upon the
charges, first, participation in fraud by an
agent and trustee: second. participation in
embezzement. and, third, for receiving
money and property, knowing the same to
have been fraudulently obtained"
Many Authorities Cited.
After citing many authorities the Judge
said: For years the government has been
attempting ,~Sbring to the bar of public ius-
lice the n en- whom successive grand juries
have indicted for alleged violation of its
~NN''S NAit e'4'tStu IIlSdppTOprlatlOn of enOT-
nous sums appropriated by the ltberalitv of
congress for the benefit of this city of the
1eofsla sea coast and the mighty values
involved in the transportation by water of
country. VI "+
On the other hand the rights of an in5i-
Nioual IN the orderly administration of ms
uce are not less sacred not less to be care
ruIiy LILY conserved by the courts than the
rights Of the public in so far as thew NAV
pe properly involved. The court has there
lore listened attentively and carefully con-
sci.
ny then is the court asked at one
stroke to hew down the arm of Justice as
IL would hold the scales In equal poisa he
tween the government and the accused?
Reflection Upon National Honor.
IT Is said that TO uphold this indictment
would be reflection upon the national
hohor' but in view of this action of all the
courts or Great Britain and the ample sufti-
cheney of these indictments, 1t will appear
1hink' to annul them would seem a re-
nectlon upon the national intelligence
Inc whole contention of the accused may
pe summarized in single sentence. The
indictment charges conspiracy and the
prisoners were returned to the bar of this
court for something else. 1t is further
charged that the prisoners are put on trial
Tor crimes other than those for which the
eXtraditon was granted
The ruling of this court in l15 Fed Rem
o+f on the demurrer to similar indictment
mas peen cited as authority to support the
plea of the defendant. 1t is urged that the
court reiterated the word conspiracy as a
resignation for the ofense, but the fact
should not be disregarded that along with
inns expression was the fullest and most
circumstantial detail of the facts which
were set out in the indictment which were
adopted by all the British and Canadian
courts which passed on this question winch
brought the above extradition which gave
information to the prisoners of the char
acters of the charge against them and
which must be proven substantially before
the government can eXnect a verdict OF