Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-01-10
GREEN N-GAYhOR TRIAL
Argument in Support of Plea In ,
Abatement.
RESUMED BY DEFENSE
Contention in Court Today Over the
Indictments.
SOME FINE LAW POINTS DRAWN
Counsel for Capt. Carter on Hand and
Stated Latter Was Ready to
Appear If Wanted.
SOME FINE LAW POINTS DRAWN

SAVANNAH. Ga. January 10-Upon the
| convening Of the federal court today. A, A.
| Lawrence of counsel for Green and Gaynor.
resumed his argument in support of the
| plea In abatement offered by the defense
yesterday to the two indictments returned
In 1899 and 1902, respectively.
Mr.. Lawrence quoted extensively from
authorities relative TO crimes and offenses
extraditable. holding that the defendants
mad been extradited from Canada upon
charges of conspiracy. The counsel assert
ed that never among all the extraditions
or requests for extraditions to Great Brit
ain was there one based upon a charge OF
conspiracy and that OF the nearly 700 ex-
traditions secured by the United States
from the various countries with which it
has extradltion treaties not one had ever
been upon charge of conspiracy.
Conspiracy and Extradition.
The wisdom of the exclusion of conspiracy
from the list of extraditable offienses. he
said, was evinced in the fact that It would
be possible under it's inclusion to extra
dite for almost any character of political
offense which usually carries with it con-
spiracy
Judge Spear interposed to ask the coun-
sci If a conspiracy had been entered into
and crime committed then could not those
guilty be extradited; if, for instance. forty
or fifty persons had conspired with Czolgosz
to murder Mckinley, would not they have
been extraditable? Mr.. Lawrence answered
that they would not have been extraditable
for the conspiracy, but for the overt act Of
| murder which had been committed
In response to a request from the court,
Mr.. Lawrence read the Indictment brought
in 1902 against the defendants, and then
Judge Speer asked Special Assistant .Attor-
ney General Erwin TO indicate the govern
ments position.
The Governments Contention.
Mr.. Erwin said the government contends
that there was conspiracy TO defraud,
and that this was put into operation, ana
that the putting of this fraud into opera
ton constituted fraud. and was therefore
extraditabIe.
There were specified offenses, too. in the
Indictment one consisting in the presenta-
ton for payment of fraudulent accounts.
Mr.. Lawrence argued that the last two
indictments for embezzlement and recev-
ing embezzled funds, returned last Novem-
ber had been brought because the govern
ment recognized that 1t was extremely
doubtful if the defendants could be tried
upon the old ones because they did not set
forth charges under which they could be ex-
tradited
An Idea to Escape Trial.
Counsel for the defense. Mr.. Erwin said,
was going over the ground that the de-
fendant's Canadian counsel had gone over
in fighting extradition; and that the idea
now was to escape trial because they had
been, as they alleged extradited wrong
fully upon charges under which they
really should not have been extradited.
Were they eytradited for consplracy?"
asked the court. Mr.. Erwin replied that
they had been extradited for participa-
tion in fraud with an agent, this agent
having been Capt. Carter.
Horace G. Stone of Chicago. chief coun-
sci for former Capt. Carter, arrived today
and was among the spectators in court.
He said that Capt Carter is ready to ap-
pear as witness or as a defendant to the
indictments If he is wanted.
The government has not stated whether
Capt. Carter will be desired in either ca
pacity.