Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-01-12
To One Indictment Against
Gaynor and Greene
i Granted Would Kill It and
Have Considerable Weight
10 the Bearing Of the Other Three lndict-
ments...A Decision Today.

Savannah. Ga. Jan. 11.-Judge Speer
unon the conclusion Of arguments to-
day took under consideration the de-
nurrer in special plea to indictment
No. 81" under which Green and Cay
nor were eXtradited from canada. II
vas announced an hour or so later that
the opinion of the court would not be
rendered until tomorrow morning.
There fore, when the court convenes
then it will be to hear the results Of the
three days argument which. If favor
able to the defendants, would dismiss
indictment No. ST. and have cons1d-
cradle bearing upon the three other in
dictments.
Savannah, Ga. Jan. 11.-When the Unit
ed States court met today Col. Meldrim
continued his argument in the Greene
Gayror case He said that three conclu-
sions had been reached. viz: That these
defendants could not be tried except TO:
the particular offence for which they
were cxtradited. that they were not ex-
tradited for conspiracy. that they are
now put to plead on an indictment charas-
ing them with conspiracy. THE govern
ment contends that conspiracy and par
ticipation IN fraud by an agent is sub
stantially the same thing, and that when
you eXtradite from Canada on grounds
of participation in fraud you can proceed
here to try them on the statute providing
for punishment for conspiracy. l deny
the proposition" said Col Meldrr. lie
said there was no statute upon which
to predicate an indictment for partici-
patton in fraud, there being no such Of
fence Judge Speer suggested to counsel
that in speaking of the participation in
fraud he omitted to say that the fraud
was against the government of the Unit
ed States. an reading from my opinion
Yesterday" suggested the court, you
omitted, perhaps inadvertently. to read
the words against the United States
which followed the word conspiracy.
The words against the United States
formed the keynote of that decision
During Col Meldrinls argument the
district attorney objected to the state
ments made by counsel on ground that
the charges in the indictment were mad
vertently being misstated. He said the
!
counts of the Indictment. charged conspi-
racy contending on the whole that con-
spiracy and participa ton in fraud Were
SYNONYMOUS. but that the other two
counts were prodicated on other sections
and did not charge conspiracy alone. Az
tie conclusion of the argument, Judge
Sheer said ne would take the demurrer
under consideration to render a decision
as soon as possible, and Il recess was
taken.
The government will present to tn"
court tomorrow a motion to strike out
the plea in abatement filed by the defend
ants. Greene and Gaynor, to the two in
dictments returned against them last No
vembcr
The grounds for the pleas are twofold,
one of them being that the grand jury by
/ which the indictments were returned
was comroSed only OF residents of the
five counties of the southern district OF
Georgia, all of which are in the south
western division of the southern district
instead of the eastern district in which
Savannah is situated. and the ether
ground beirg that the court should not
have appointed special jury commission
crs TO arrange the list of grand jurors
from which the names were drawn.