Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-01-13
CAUSED A SENSATION
Surprising Feature of Greene
Gaynor Case.
AT SAVAN N All 7 T0DAY
Counsel for the Accused Fined $1O0
for Contempt.
JUDGE sPEER CAUGHT WORDS
Language Used by Attorney Laurence
Construed as Rejecting Upon In
tegrity of the Court.
JUDGE sPEER CAUGHT WORDS

SAVANNAH, Ga, January 13.-The pleas
in abatement to indictments Nos 4I6 and
AT, being those found last November
against Greene and Gaynor, were read this
morning soon after the convening of the
federal court.
The pleas set up that these bills of indct-
ment had not been legally returned, in that
the grand jurors were drawn from among
residents of the southwestern division of
the southern district of Georgia, whereas
they served in the eastern division, wherein
they returned the indictments against the
defendants, and that the court had no right
TO appoint the two special commissioners to
prepare the special grand>5ury list that
had been prepared upon the order of the
court.
The defendants say that the grand jurors
were therefore illegally drawn and had no
right to return indictments. Special Assist
ant Attorney General Marion Erwin read
the governments demurrer to these pleas.
He responded that the grand jury had been
legally drawn. because what is now the
southwestern division at the time the Of
fenses were committed was embraced in the
eastern division. and that the jury box was
properly prepared.
Judge Interrupted Attorney.
When Mr.. Erwin concluded his argument
A. A. Lawrence of counsel for the accused,
arose to read a written reply. Then came
a sensation. Judge Speer caught language
in the argument that he construed as con-
tempt, and promptly fined Mr.. Lawrence
500.
Mr.. Lawrence was arguing that the court
had exceeded its rights in the appointment
of the special jury commissioners one of
whom was T. +. Johnson, clerk of the court,
and the other w. s. West of Vadosta, who
has lately been engaged in a bitter political
controversy with w w Osborne Tsqv
rence's law partner. The language Of Mr..
Lawrence to which the court took excep-
tion was follows;
'One circumstance alone in the case
serves to illustrate more powerfully than
can hope to do by words, the possibilities
for wrong and injustice opened up by this
extraordinary innovation, into what we con-
ceive to be the law of procedure. 1t is a
curious coincidence that in the case at bar
the court, unwittingly, of course, appointed
as a jury commissioner gentleman who
was at that time and still is an open pub
lie and notoriously avowed enemy of the
defendants counsel.
Whether or not this has been to his
prejudice in this particular case we are
not prepared TO say
Remarks Exceedingly Improper.
Judge Speer awaited Mr.. Lawrence's con-
clusion of the message and said: Mr.
Lawrence, yGur remarks are exceedingly
improper and out of order. The court has
-AO NA'N'-NN5N tltt'I iIS dppOluleu as Il jury
commissioner a gentleman who was at that
time and still Is an avowed enemy of one
the defendants counsel. Enter a fine of
SlO0 against Mr.. Lawrence for contempt of
court. The gentleman appointed as COM
missioner was appointed as one of the most
intelligent and upright men in southwest
ern Georgia, prominent member of the
opposite political party to that to which
the clerk belongs. He Is president 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 nuendos and insults
by counsel in its presence"
Mr.. Lawrence calmly concluded his argu-
ment after the imposition of the fine max
Ing no apology for the language employed.
Judge Speer then announced a recess to
consider the matters presented.