Evening star., 1918-07-29
GODSOL' FREEDOM
GRANTED BY COURT
Former French Soldier to
Stay Here; Government
Appeals Case.
BAIL BOND OF $4,000

Frank J. Godsol, former French SOL
dier, charged with defrauding the re-
public of France Of 1,5oo, 900 in con-
nection with the purchase Of autorno-
bile trucks for war use, was released
from custody today by Justice Gould
of the District Supreme Court on
writ of habeas corpus.
GodsoI had been in the District jail
since his arrest, March last.
Liberty Bonds Deposited. =
Assistant United States Attorney
Archer. on behalf Of the government,
noted an appeal from the decision Of
Justice Gould. and pending action by
the appellate tribunal Godsol was re-
quired to give q bail bond Of $4,000.
Liberty bonds for this amount were
deposited with the clerk of the court.
and Godsol was at liberty.
Il shall remain in Washington
Godsol stated. until the matter is
disposed Of. They said they had
something against me and charged
me with running away. / shall be
here If they want me-"
The writ of habeas corpus was sued
out by counsel for Godsol after JUS
tice Hitz, acting as a committing mag
istrate, had determined that probable
cause had been shown for the COM
plaint against Godsol, and had or
dered his commitment to await extra
dition to France.
of the record from Justice Hitx and
in q long opinion holds that the pris-
oner should be discharged.
Testimony Too Meager.
IN the course Of his opinion Justiee
Could points out thst the testimony
-adnfssable end hearsay combined Il
entirely too meager and inadeQuate
to enable mo to reach the conclusion
that there IL probable cause to be-
lieve that Godsol made tho represen.
tations set forth in the complaint"
Moreover. the court finds that the
complaint itself is defective in sub
stance, If not in form. The complaint
he holds, does not attempt to state
that tho republic Of France parted
with Its money in reliance upon the
representations of Godsol, or that II
ever had any knowledge or notice OF
them. The element Of reliance, the
crime of false pretenses. on which
the extradition of Godsol Is sought.
Property Of Company.
Justice Gould also finds that tn.
proofs set forth in the record square.
" contradict" the allegations. The
money received by Godsol is shown tt
be, according to the opinion. thu
property of tho Pierce-Arrow Motol
Car Company and not of the republic
of France, and no commissions were
maid to Godsol until after the motol
company had collected from France:
"A third reason assigned by tn.
court why Godso1 should be liberatet
is that the acts charged 90 not con
stitute an offense in this District.
.sThere can be no question:" says
Justice Gould, upon the record, but
that the false representations. II any
were made, were made in France
There is equally no question upon
the record but that the money paid
in reliance upon such representations
was paid in this country.
Provisions Of American Law.
.Trnder American law the crime OF
obtaining money by false pretenses Is
deemed Committed in the place where
the money is obtained. and not where
the pretense is made. It Is unneces-
sary to cite authorities to establish
this proposition. as there is no con-
Tict among them, SO far as have
Godsol was not shown to have re-
ceiyed any money in washington. but
the commissions were deposited te
his credit in New York city, accord.
ing to the evidence.