The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1906-01-16

Savannah, Ga, January 13.-The mo.
tion of the government to quash the
pleas of the defendants engaged the
court today in the trial of the Greene
and Gaynor case. The court sustain
ed the motion of the government, and
the pleas were dismissed.
The defendants contended that the
jury commissioners were improperly
selected, and that the jury which re-
turned the indictments was improperly
drawn.
Assistant Attorney General Erwin
read the governments demurrer to
these pleas. He responded that the
grand jury had been legally drawn be-
cause what is now the southwestern
division at the time the offenses we're
committed was embraced in the east
ern division and that the jury box
was properly prepared.
When Mr. Erwin concluded his ar
gument, A. A. Lawrence, of counsel for
the accused, arose to read written
reply. Then came sensation. Judge
Speer caught language in the argu-
ment that he construed as contempt
~and promptly fined Mr.. Lawrence $780,
Mr.. Lawrence was arguing that the
court had exceeded it's rights in the
appointment of the special jury COM
missioners, one of whom was T. F.
Johnson, clerk cf the court, and the
other w. S. West, of ValdOsta, who
has lately been engaged in a bitter
political controversy with W. w. OS-
borne, Mr. Lawrence's law partner.
The language of Mr.. Lawrence TO
which the court took exception was as
follows:
Zone 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 in
nOvation, in what we conceive to be
the law of procedure. 1t is curious
coincidence that in a case at bar, the
court, unwittingly, of course, appoint
ed as a jury commissioner, a gentle
man who was at that time and still
is, an open, public, and notorioTsly
avowed enemy of the defendants Ccun-
sci.
Whether or not this has been to
his prejudice in this particular case,
we are not prepared to say.
Judge Speer awaited Mr.. Lawrence's
conclusion of the passage and said:
'Mr. Lawrence, your remarks are
exceedingly improper and out OF order.
The court has no knowledge that he
appointed as a jury commissioner a
gentleman who was at that time and
still is an ayowed enemy of one of
the defendants counsel. l enter fine
of 800 agaihst Mr. Lawrence for con-
- Tho oppflpmpD an
pointed as commissioner was ap-
pointed as one of the most intelli gent
and upright men in southwestern GeOr-
sia. a prominent member of the oppo-
site political party to that which the
clerk belongs. He is president OF the
Georgia senate, and ex-lieutenant gov
ernor of the state of Georgia. After
a due inquiry the court believed him
of all others to be the best man, and
therefore the court appointed him to
fill that position, and this court will
not tolerate innuendoes and insults by
counsel in its presence.
Mr.. Lawrence calmly concluded his
argument after the imposition OF line
making no apology for the language
employed.
Judge Speer then announced recess
to consider the matters presented.
Upon re-convening after the recess
and in rendering his opinion on the
motion, Judge Speer took occasion to
reply to the criticism made by Mr..
Lawrence to the appointment of Mr..
West of valdosta as a jury commis-
sioner. The court left no escape from
the conclusion that he was sincere
in his appointment of Mr.. West, and
is still convinced of the wj~dom of the
appointment.
Concluding his decision denying the
plea. the Judge said:
"The plea is idle. 1t is bad for du-
plicity. 1t is in the teeth of the con-.
stitution and the law and the demurrer
will be sustained"
BARGAIN in 1000 0rp.a nr1ies-12 1-2