The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1906-01-18
.EVERYPtEA OVERRUtED.
Messrs. Greene and Gsynor Lose in
the First Round Before Judge
Speer Talks Plainly.

the First Round Before Judge
S2eer Court Talks Plainly.
: :: In the United States court at Sc,
vannah Friday morning Judge Emery
Speer rendered a decision overruling
every plea that the crime of conspir-
acy with which Greene and Gaynor
are charged was not e3traditable.
The decision was sweeping one
In favor OF the government 1t means
that the defendants must go to trial
on tie two old indictments in which
there are fourteen counts regardless
Cf whether they are tried upon the
indictments recently found or not.
The opinion CT the court was, in
part, as follows:
The plea alleges that the court is
without jurisdiction for the reasons
therein stated. They are that tae Ge-
PENDANTS were lately under the soyer-
e.gnty Of Great Britain; that under
the treaty and under extraGtion trea
ties between this government and
Great Britain the defendants were in
dictel to be tried on the charges; first.
for participation in fraud by agent
and trustee; second, participation in
embezzlement; and, third, receiving
money and property, knowing the
same to be fraudulently obtained"
The judge said: ..z,.
"Fcr many years the United States
has been trying to bring to the bar
Of public justice the mea whom suc-
cessive grand juries have indicted
for alleged violation Of its laws and
alleged misappropriaticn Of enormous
sums appropriated by the Ebera:::s'
OF congress for the berent OF ths
city, of the Georgia sea coast. and the
mighty values involved in the trans
rortaticn by water of the interstate
ard foreign commerce OF our coun'
try. On the other hand the rights OF
an individual ere net less sacred, rot
less to be carefully conserved by the
courts than the rights of the public
in so far as they may be properly
involved. The court has, therefore,
listened attentively and carefully con-
sidered the exhaustive arguments of
counsel.
Why is the court asked at one
stroke to hew down the arm of JUS
tice as it. would hold the scales in
equal poise between the governmen.
and the accused?
"It is said that to uphold this. In
dictment would be reflection upon
the national honor, but in view o. this
action of all the courts of Great Brit
ain and the ample suficiency of these
indictments, it will appear, think,
to annul them would seem a redee-
tion upon the national intelligence.
"The whole contention of the ac-
cused may be summarized tn Sin
gle sentence. The indictment charges
conspiracy and the prisoners we're
returned to the bar of this court
for something else. 1t is further
charged that the prisoners are put
on trial for crime sother than these
for which the extradition was granted.
.The ruling of this court in 115 fed.
rep, 344, on the demurrer to a SIM
liar Indictment has been cited as au-
thority to support the plea Of the de-
ferdants. It is urged that the court
reiterated the word conspiracy as j
designation for the offense, but the
fact should not be disregaraed that
along with this expression was the
fullest and most circumstantial de-
tail of the facts, which were set out
in the indictments, which were adopt
ed by all the British and Canadian
courts, which passed on the question:
which brought the above extradit1on'
which gave the information to the
prisoners of the character OF the
charge against them and which must
he proven substantially before the gov
ernment can expect verdict OF con-
viction. 1t was described not merely
as conspiracy, but as a joint and
successful endeavor to defcaud the
United States by participation In the
crime Of it's trusted agent and OIL
GER" .s.