The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-01-14
.|NUENDO COST
LAWRENCE s100
Court Holds Greene and Cay
nor's Counsel in Contempt for
Alleged Insult.
"a CURIOUS COINCIDENCE
Attorney Said Judge specr Ap-
pointed His Avowed Enemy
AS Jury Commissioner.
tBy Associated Press.l

Il
| SAVANNAH. GA, Jan. lathe pleas
In abatement to indictments 47s and k77.
being those found last November against
| Greene and Gaynor, were read this morn
| Ing soon after the convening OF the Fed
| eral court. The pleas Get up that these
bills OF indictment had not been legally
returned in that the grand Jurors were
drawn from among, residents of the
| southwestern division of the Southern dis
trict OF Georgia, whereas they served In
the eastern division. wherein they re-
turned the indictments against the de-
| PENDANTS, and that the court had no right
to appoint the two special commissioners
to prepare the special grand Jury list that
had been prepared upon the order OF the
court The defendants say that the
grand jurors we're therefore Illegally
drawn and had no right to return indict-
ments.
| Marion Erwin, special assistant attor-
| ney- general. read the governments de-
| murrer to these pleas He responded that
the grand Jury had been legally drawn.
because what Is now the southwestern
, division, at the time the offenses were
committed was embraced in the eastern
| division, and that the jury-box was prop
erly prepared.
| When Mr.. Edwin concluded his argu-
ment. A. A. Lawrence. OF counsel for the
| accused, arose to read written reply
| Then came sensation. Judge Speer
caught language in the argument that
| he construed as contempt and promptly
| fined Mr.. Lawrence 800. Mr.. Lawrence
YVES arguing shat the court had exceeded
its rights In the appointment OF the spe-
c,al jury commissioners, one of whom
was I. f. Johnson. clerk Of the court,
and the other W. s. West OF Valdosta.
who has lately been engaged In bitter
political controversy with w. w. o.
borne, Mr.. Lawrence's law partner.
The language Of Mr.. Lawrence to
| which the court took exception was as
follows: "One circumstance alone In the
case serves to illustrate more powerfully
than l can hope to do by words. the
possibilities for wrong and injustice
opened up by this extraordinary inno-
| walton into what we conceive to be the
| law of procedure.
1T is curious coincidence that in the
case at bar the court, unwittingly, Of
course appointed as u jury commissioner
gentleman who was at that time, and
| still Is an open. public and VIGOROUSLY
ayowed enemy OF the defendants coun-.
| sci. Whether or not this has been to his
prejudice in this particular case we are
not prepared to say"
| Judge Speer awaited Mr. I4awrence's
conclusion of the passage and said: Mr..
l Lawrence, your remarks are exceedingly
| improper and out of order. The court has
/ no knowledge that he appointed as a Jury
commissioner gentleman who was at
that time and still is an avowed enemy of
| defendants counsel. Enter n fine OF 800
| against Mr.. Lawrence for contempt of
court.
\ 1.-THE gentleman appointed as commits
sloner was appointed as one Of the most
| intelligent and upright men In South
western Georgia, prominent member OF
the opposite political party to that which
the clerk belongs He Is president of the
nor Of the State of Georgia. After due
/ inquiry the court believed him, of all
! others, to be the best man. and there
| fore the court appointed him to I'LL that
| position, and this court will not tolerate
inuendos and insults by counsel In It's
4 presence"
Mr.. Lawrence calmly concluded his
4 argument after the imposition Of the fine.
i making no apology for the language en-
4 ployed. Judge Speer then announced a
recess to conslder the matter presented.
Pleas. Are Dismissed.
The motion Of the government to auash
! the pleas of the defendants was sustain
ed and the pleas We're dismissed.
The defendants commended that the jury
| and that the grand Jury, which returned
the new indictments. was Improperly
/ drawn.
Upon converting after the recess and
/ IN rendering his opinion on the motion
Judge Speer took occasion to reply to
the criticism made by Mr.. Lawrence tic
tine OF MA ,Ms g1 ados
left no escape from the conclusion that
he was sincere in his appointment OF Mr.
II West. and is still convinced Of the Wis
No, coSnr.qpluding hls decision denylnK, u tbbs
T S H.