The Pickens sentinel-journal. (Pickens, S.C.) 1903-1906, 1906-01-17
EVERY PLEA OVERRUL LED.
Messrs. Greene and Gaynor Lose in
the First Round Before Judge
Spcer Court Talks Plainly.

Spcer Court Talks Plainly.
In the United States court at Sa-
Vannah Friday morning Judge Emory
Speer rendered decision ovarrul;ng
overy plea that the crime of conspir,
acy with which Greene and Gaynor
are charged was not extraditable.
The decision was q sweeping one
III favor OF the government. 1t means
that the defendants must 20 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-
olgEtE or 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
and trustee; second, partici patton in
embezZlement; 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 1i1
cessivc grand juries have indicted
FOR alleged violation of it's laws and
alleged misappropriation Of enormous
SANS appropriated by the libera::-;
OF congress fer the benefit of this
city, OF the Georgia sea coast, and tho
mighty values involved in the trans
Eortation by water OF the interstate
and foreign commerce OF our coun-
try. On the other hand the rights Of
an individual arc not 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 attentively and carefully con-
sidered the exhaustive arguments Of
counsel.
"Why is the court asked at one
stroke to hew down the arm Of JUS.
tce as it would hold the scales in
equal poise between the government:
and the accused?
'lt is said that TO uphold this in
dictment 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 sufficiency of these
indictments, it will appear, l think,
to annul them would seem a reilec-
tion upon the national intelligence.
"The whole contention of the ac-
cused may be summarized in a sim
gle sentence. The Indictment charges
conspiracy and the prisoners we're
returned to the bar Of this court
for something else. 1t is further
charged that the prisoners are put
on trial for crime sOther than those
for which the eXtradition was granted
The ruling of this court in 115 fed
rep, 344, on the demurrer to SIM
liar indictment has been cited as au
Lllollly W output IlC PlStt VI IllC uS''
fendants. 1t is urged that the court
reiterated the word conspiracy as I,
designation for the offense, 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
can expect a verdict Of con.
viction. 1t was described not merely
as a conspiracy, but as a joint and
successful endeavCr to defraud the
United States by participation in the
crime of its trusted agent and Off
GER"