The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-01-13
LAWYER FINED SlOO.
Held Guilty of Contempt in Greene
and Gaynor Case.

Savannah, Ga, Jan. 15-The pleas in
abatement to indictments numbers 476
and All against Greene and Gaynor were
read this morning soon after the con-
vening of the federal court. The pleas
sets up that the bills of indictments had
not been legally returned on the ground
that the jurors were drawn from among
residents of the southwestern division
of the southern district of Georgia.
whereas they served in the eastern dis
trict wherein they returned the indict-
ments against the defendants and that
the court had no right to appoint the
TWO special commissioners to prepare
the special grand jury list that had been
prepared on the order of the court. The
defendants say that the grand Jurors
were therefore illegally drawn and had
no right to return indictments. Special
Assistant Attorney General Marvin Err
WIN argued the governments demurrer
to these pleas.
When Mr.. Erwin concluded his argu-
-ment A. A Lawrence, of counsel for the
accused arose to read a written ren1v
Then came a sensation. Judge Speer
caught language in the argument that
he construed as contempt and promptly
fined Mr.. Lawrence 800.
Mr.. Lawrence was arguing that the
court had exceeded its right in the ap-
pointment of the special jury commits
sioners, one of whom was T. E. John
son, clerk of the court and the other w
S. West, of Naldosti. who has lately
@ @oeen ehsdgeo IN q Dlegef po1aLlcal con-
tfoVersy with w w. Osborne, Mr.. Law
rence's law partner The language of
Mr.. Lawrence to which the court took
exception was as follows:
What lie Said.
"One circumstance alone in the case
serves to illustrate more powerfully
than I can hope to do by words the
! possibilities for wrong and injustice
/ opened up by this extraordinary inno-
Yatlon into what we conceive to be the
law OF procedure It is curious coin
/ cidenee that in the case at bar the
! court, unYVittingly. of course, appoint
| ed as jury commissioner, a gentle
man who was at that time and still is,
] an open, public and nOtOriously avow-
/ ed enemy Of the defendants counsel.
Whether or not this has been in
/ his prejudice in this particular case
We are not prepared to say"
Judge Speer awaited Mr. LaWrence's s
4 conclusion of the passage and said:
Mr.. Lawrence your remarks are ex-
/ ceedingly improper and out of order.
/ The court has no knowledge that he
appointed as a jury commissioner a
1 gentleman who was at that time and
1 still is an avowed enemy of one of de-
! fendant's counsel. Enter a fine of
500 against Mr.. Lawrence for con-
/ tempt of court.
1.-The gentleman appointed as COM
missioner is one of the most inteIIi-
/ gent and upright men in southwestern
Georgia, a prominent member of the
opposite political party to that to
! which the court belongs He is presi-
dent of the Georgia senate and ex-
lieutenant governor of the state of
Georgia. After due inquiry the court
! believed him Of all others to be the
/ best man, and therefore the court ap-
| pointed him to fill that position and
/ this court will not tolerate innuendos
and insults by counsel in its pres
ence."
Mr.. Lawrence calmly concluded his
argument after the imposition of the
fine, making no apology for the Ian
guage employed.