The Lee County journal. (Leesburg, Ga.) 1904-19??, 1906-01-19
Pleasure TURNED DOWN,
Gaynor and Greene Lose Ou! in FIRST
Round--Judge Speer'S Decision
Emphatic.

In the United States court at Sa,
vannah Friday morning Judge Emory
Speer rendered a decision overruling
every plea that the crime Of conspir-
acy with which Greene and Gaynor
are charged was not extraditable.
The decision was a sweeping one
in favor of the government. 1t means
that the defendants must go to trial
on the two old indictments in which
there are fourteen counts regardless
Of whether they are tried upon the
indictments recently found or not.
The opinion of the court was, in
part, as follows
The plea alleges that the court is
without jurisdiction for the reasons
therein stated. They are that the de-
PENDANTS were lately under the sover-
elgnty of Great Britain; that under
the treaty and under extradition trea-
ties between this government and
Great Britain the defendants were in
dicted to be tried on the charges; first,
for participation in fraud by agent
ard trustee; second, participation in
enlightenment; and, third, receiving
money and property, knowing the
same to be fraudulently obtained"
The judge said:
"For many years the United States
has been trying to bring to the bar
Of public justice the men whom sue
cessiye grand juries have indicted
for alleged violation Of it's laws and
alleged misappropriation of enormous
sums appropriated by the Hbera-:y
OF congress for the benefit of this
city, of the Georgia sea coast, and the
mighty values involved in the trans
roftation by water Of the interstate
and foreign commerce OF our coun-
try On the other hand the rights of
an individual are net less sacred, not
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 attentiyely 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 Doise between the government
and the accused?
at is said that to uphold this in
dictmaat would be a reflection upon
the national honor, but in view OF this
action Of all the courts OF Great Brit.
ain and the ample suaiciency of these
indictments, it viii appear, | think,
to annul them would seem a refec-
tion upon the national intelligence.
"The whole contention Of the &C
cused may be summarized IN a sin
gle sentence. The indictment charges
conspiracy and the prisoners were
returned to the bar Of this court
for something else. It is further
charged that the prisoners are put
on trial for crime scthcr than those
for when the extradition was granted.
TIE ruling of this court in 115 fed.
rep, 344, on the demurrer to a sim
liar indictment has been cited as au-
thorlty to support the plea o. the de-
PENDANTS. 1t is urged that the court
reiterated the word conspiracy al a
designation for the dffense, but the
fact should not be disregarded 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 extradition,
which gave the information to the
prisoners Of the character of the
charge against them and which must
be proven substantially before the gov
eminent can expect a verdict Of con-
viction. It vas described not merely
as a conspiracy, but as a joint and
endeaycr to defraud the
United States by participation in the
crime Of its trusted agent and Off
GER"
C.-fs.-, ,Rsnr- h.. ffn Sonata