The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1906-01-12
Judge Speel Takes Demurrer Under
Consideration
If Favorable to the Defendant Judge
Speer's Opinion Will Dismiss Indict-
ment Number 81 and Exert Pow
erful Influence on the Three Other
Indictments-Interes Proceed
ingS of the Trial-COlOnel Meldrim
Continues His Argument.

Savannah, Ca, January 11.-Judge
Speer upon the conclusion Of argu-
ments today. took under consideration
the demurrer in the special plea to
"indictment number 371' under which
Greene and Gaynor were extradicted
from Canada. It was announced an
hour Or so. later that the opinion of
the court would not be rendered until
tomorrow morning. Therefore when
the court convenes then it will be to
hear the result of the three days argu-
ment which. if favorable to the defen-
dants, would dismiss indictment num-
ber 371' and exert powerful influence
upon the three other indictments.
When the United States court met
today Colonel Meldrim continued his
argument in the Greene-Gaynor case.
He said that three conclusions had
been reached viz: That these defen-
dantS could not be tried except for
the particular Offense for which they
were extradited: that they were not
extradted for conspiracy: that they
are now put to plead on an indictment
charging them with conspiracy. "The
government contends that conspiracy
and participation in fraud by an agent
are substantially the same thing and
that. when you extradite from Canada
on grounds of participation in fraud
the statute providing for punishment
for conspiracy I deny the PROPOSE
tom, said Colonel Meldrim. '"The in
dictment against them is admittedly
under section 644O for conspiracy. IT
is made by that statute a specific Of
fense. Where is there a statute against
the specific Ofense of fraud?
''The logical proposition is that these
men cannot be proceeded against ex-
cept for the specific offense for which
they were extradicted. The argument
is that they were extradicted for par
ticipation in fraud. The reply is that
there is no such specific offense either
fraud or participation in fraud
Speaking Of the two indictments re-
Gently returned. Colonel Meldrim said
that it was remarkable that they were
not for participation in fraud. the Of
fense for which they were extradicted.
He said that the reason was that there
was no statute upon which to predi-
cate an Indictment for participation
in fraud, there being no special offense.
Judge Speer suggested to counsel at
this juncture that in speaking of the
participation in fraud. he omitted to
say that the fraud was against the
government of the United States. 'In
reading from my opinion yesterday"
suggested the court, you omitted per-
haps inadvertently to read the words
against the United States which fol-
lowed the word conspiracy the words
against the United States formed the
keynote of that decsion.''
During Colonel Meldrim's argument
the district attorney interposed an
objection to the statements made by
counsel on the ground that the charges
in the Indictment were inadvertently
being misstated. He said the govern
ment admitted that the first four
counts of the Indictment charged con-
spiracy. contending on the whole that
conspiracy and participation in fraud
We're synonymous. but that the other
two counts were predicated on other
sections and did not charge conspiracy
alone. Judge Adams was granted the
privilege of arguing upon two author
tiles for the defense. He spoke but
five minutes. At the conclusion of the
argument Judge Sheer said he would
take the demurrer under consideration
and render a decision as soon as possi-
Die and a recess was taken.
Ine government will present to the
court tomorrow a motion to strike out
the plea in abatement filed by the de-
PENDANTS Greene and Gaynor, to the
two indictments returned against them
last November
The grounds for the pleas are two
fold, one of them being that the grand
jury, by which the indictments were
returned was composed only of resi-
dents of the counties of the southern
district Of Georgia, which five coun-
| ties are all in the southwestern divi-
| sion of the southern district. instead
| of the eastern division on which Sa-
vannah is situated, and the other
ground being that the court should
| not have appointed special jury COM
| missioners to arrange the list of grand
| jurors from which the names were
| drawn