New-York tribune., 1919-04-01
COdsOl Freed
By Verdict of
Appeals Court
Continued from page

27, 1919, after all the court proceed
ings had been hao. tending to prove
that the Pierce Arrow Company had
been the only possible victim" of God
soPs operations
Merton E. Lewis, former Attorney
investigation was made of the Godsol
case for the French government, has
declared in letter to Senator J.
Henry Walters, of Syracuse, that "the
record does not, in my opinion, disclose
evidence sufficient to justify any
charge that Mr.. Goldsoll (Godsol)
made any false representations to any
one either in France or within the
state of New York"
AT the time of Godsol's arrest, how
ever, the newspapers were full of
were all the way from his having
stolen millions of dollars from the
French government'~there was no
charge at any time that he had de-
frauded the auto truck manufacturers
to the possibility that he was
actually German spy.
Godsol's friends allege that his prose
cutlon was purely political, and was
really aimed not at him, but at
Thomas, the great French politician.
In to-day's decision Justice Robb,
|
Cured, said in part:
Viewed from any angle, we can find
no competent and adequate evidence
(Which, as we understand, means sub
stantlal evidence) in support of the
charge against Godsol. The complaint
Is that false representations were made
to the Pierce Arrow Company and that
the money was obtained from the
French government. The contract of
purchase was between the Pierce Ar
row Company and the government. Pay
ments by the government were to that
company in this country, and those
payments, of course, included the COM
missions here involved. In short, it
was the usual and customary arrange
ment. The Pierce Arrow Company then
paid its agent here. If any one was
deceived it was the Pierce Arrow Com
pany and not the French Republic, for
the commissions paid Godsols firm in
New York were not paid by that re-
public but by the company from money
of which the company had absolute
ownership.
No Fraud Seen
"The theory Of the prosecution is
that no agency was necessary. In
other words, that exactly the same
number of trucks would have been
purchased by the French government
had the Godsol agency not intervened
1t logically follows that no deception
was practiscd upon that government
1t wanted Pierce Arrow trucks, and it
got what it wanted, at an agreed price
but 1t knew that an agency did in
tervene, and that knowledge came to
1T Immediately following the creation
Of the agency.
"SiOCa commit c;Opo rro ,r,,oljxr 49,,
sidered a necessary incident of agency,
1t is somewhat strange that more than
two years should have elapsed before
any effort was made to deal directly
with the Pierce Arrow Company. OF
course, that company would have been
perfectly willing to eliminate the
agency, but, having unsuccessfully
tried direct dealings, it ought not now
to be convicted Of bad faith by a
finding based upon pure suspicion that
1t made corrupt bargain with Godsol"
Godsol was arrested last March and
held without bail on complaint sworn
to by Ambassador Jusserand for his
extradition to France. Justice Hitz,
OF the District Supreme Court, sitting
as committing magistrate heard the
evidence and held Godsol for extradi-
tlon for trial by court competent to
try the question Of his guilt or in
nOcence.
Counsel for Godsol sued out a writ
OF habeas corpus, which was heard by
Justice Gould, who ordered the release
OF the prisoner. When the government
appealed Godsol was released on $50.
900 bail to await action of the ARIEL i
late Court. He deposited Liberty bonds.
The United States attorney and coun-
sci for the French government con-
tended that as the committing magis-
trate had found Sufficient ground" for
the charge of false pretenses Justice
Gould could not review that finding on
hapeas corpus. Disposing Of this con-
tentlon, Justice Robp says:
"Of course, the writ Of habeas cor
Pus is or much narrower scope than a
writ of error but it would be valueless.
indeed, did it not permit a reviewing
court to determine whether under the
laws OF the land and there is substantial
evidence tending to prove the guilt of
the accused. Our sense of obligation
TO foreign powers under extradition
treaties ought not to outweigh our
sense Of duty to the accused and
cause US to surrender him in violation
OF those we'll settled principles of Grim
mai procedure which from time imme-
moral have characterized Anglo Saxon
Jurisprudence. Persons charged with
crime in foreign countries, Who have
taken refuge here. are entitled to the
same defences as others accused Of
crime within our own jurisdiction"
Direct Purchases Impossible
Commenting on the alleged false
pretences, Justice Robb remarks that
1T is common knowledge that agents.
and particularly those who arc sue,
cessful, usually express themselves in
optimistic terms. Optimism is part
or their creed, and necessarily so.
1T thus appears from the testimony
OF the French officers that Godso]'s
flrm was in very strange strategic
position with respect to the purchase
OF automobiles required by the French
army. OF course, Perry understood whv
ne was sent to Paris. He must have
known that the officials of his company
had been unable to secure any bust
ness between November and March,
and it is quite probable that when he
learned of the friendly relations exist
ing between the French purchasing
bureau and Godsol's irm he became
convinced that through that rm his
company would be almost certain to
get business
THE Pierce Arrow Company en-
deavored to do business direct with the
french government. 1t was unsuccessful.
and, exercising its undoubted right. it
appointed an agent and paid that agent
usual and reasonable commissions.