Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-09-17
His Return to New York to
Answer Indictment Un-
der Argument.
PALMER IMPROVISATION
IS CHARGED AGAINST HIM
Main Question Is Whether Repre-.
sentative Is Officer of the
United States. 4

whether David Lamar. the wolf %
wall street. will be returned 10 New
YORK to answer to an indictment charg.
ing him with having attempted 70 defraud
). r. Morgan & Co. and the United States
steel Corporation by impersonating Rep.
resentative A. Mitchell Palmer of Penn.
sylvania. is being decided this afternoon
before United States Commissioner Arson
Taylor at his offices at 1913 II street
northwest
Lamar. who has been free on $4,000
bail since his arrest here more than q
week ago. appeared before Judge Taylor
To-Day FOR a preliminary hearing on the
indictments returned against him in New
YORK in July. The hearing was begun at
II o'clock this morning but the opposing
attorneys presented such elaborate argu-
ments that 1t was still in progress late
this afternoon. Lamar showed that he
intends nghting every effort to get him
back to New York.
Attracts Attention.
large number OF interested persons
niieo Judge Taylor's ONCE during the
nearing. The Wolf Of Wall Street" az
Lamar is known. attracted a great deal
OF attention. but sat calmly through the
entire proceeding
commissioner Taylor is expected n
withhold decision In the case for sew
eral days
The main question brought IN wa.
whether a member Of the House is an
omcer OF the United States" Lamars
contention was that Representative
ment. and the governments stand was
the contrary.
THE Wolf Of Wall Street" appeared AT
the hearing as smilingly and self-conn-
Gent as ne was before the Senate lobby
committee. He listened carefully to ali
the arguments. but took no active part
Assistant United States District At
torney James NJ. Proctor represented the
government. He was assisted BY Harold
Harper OF the United States attorneys
ONCE in New York Henry r Davis
represented Lamar
MT. Proctor presented copies OF two
indictments returned against Lamar i'm
New York. the first July II and the
second July %. The first contained
three counts and the second two counts
all charging violations Of section SO OF
the United States criminal code All
counts charged Lamar with imperson-
ating Representative Palmer with in
tent to defraud. ]. p. Morgan & Co. ana
were mentioned as the companies
sought to be defrauded.
Bench warrants for Lamar's arrest
were also presented.
Objects to Indictments.
Mr.. Davis objected to both indictments
on the ground that they were not prop.
erly authenticated, and also that no Of
Tense against the United States was
charged. Commissioner Taylor overruIed
the first objection and an exception was
noted. Mr.. Davis then moved that Lamar
be discharged and arguments on that
question were taken up.
Mr.. Davis raised a number of questions
regarding the indictments saying that
In one place II was charged that Mr..
Lamar had impersonated an officer OF the
United States. and in another place that
he had impersonated a man acting under
the authority OF the government o. the
United States.
The names Of Speaker Clark and Sena-
tor Stone were brought into the hearing
only indirectly. and their connection with
the case was not dwelt on.
Point Never Decided.
Both sides agreed that no court had
ever decided directly whether a member
of Congress is an officer of the United
States. Mr.. Proctor said that this is
question to be decided by the higher
courts Mr.. Davis said that there can
be no dispute over the question. A men,
Der or Congress has no authority out
side of Washington, he said. and is
bound by the orders of no government
officials.
Mr.. Proctor entered into a long argu-
ment opposing the contentious OF
Lamar and. his attorney. He said that
all the questions raised should be set
tied by the courts in New York and
not by the commissioner.
Shortly before o'clock recess was
taken until 2:15 o'clock, under an
agreement that Mr.. Harper he allowed
to begin his argument then.