The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-04-01
District of Columbia Judges
Find Him Innocent and =.
Not Extraditable.
SCORE FRENCH CHARGES
Proof COntradicts Allegations,
Says Justice Gould's Deci-
sion, Just Affirmed.
SneciaI Dsspafch to TIE suX.

Smith. Chief Justice. dissenting, the
Court Of Appeals of the District OF Co
lumbia affirmed to-day the decision of
Justice. Gould Of the DISTRICT Supreme
Court holding Frank J. Godsol innocent
OF the crime OF false pretences In dealing
with the French Government and the
Plerce-Arrow Motor Car Company and
not extraditable under the treaty with
France.
The opinion WAS written by Associate
Justice Charles II. Robb.
Formerly n French Soldier.
soil throughout the court records, for
merly was a French soldier and was
charged with defrauding the French
Government OF s1,500.000 In connection
with the purchase of motor trucks from
the Pierce Company.
Godsol was arrested a little more than
year ago on a complaint sworn to by
Jules J. Jusserand. French Amba ssador
TO the United States. Justice Hitz of
the District Superior Court held Godsol
for extradtion. Counsel for Godsol got
a writ OF habeas corpus on which Justice
Gould ordered him released. When the
$4,000 and Godsol put up that amount
in Liberty bonds to await the action
Of the Appellate Court. which was an
nounced to-day.
Justice Robb in his decision said:
Viewed from any angle we can find
no competent and adequate evidence
(which as we understand means sub
stantial 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-Arrow Company
and that Government. Payments by the
Government were to that company In
this country and these payments of
course included the commissions in
volved. In short, II was the usual and
customary arrangement.
Finds No Deception.
The Pierce-Arrow Company Their
paid its agent here. II any one wss de.
ceived It was the Pierce-Arrow Company
| and not the French Republic, for thu
commissions paid Godsol's firm in New
York were not paid by that republic bu
by the company from money of which
the company had absolute ownership.
THE theory Of the prosecution Is tina
no agency was necessary. In othe
words, that exactly the same number o
trucks would have been purchased b,
the French Government had the Godso
agency not interviewed. 1t logically fol
lows that no deception was practise,
! upon that Government. It wante.
Pierce-Arrow trucks and It got what 1
wanted at an agreed price. But It knew
that an agency did intervene and tina
knowledge came to ii Immediately fol
lowing the creation of the agency"
Justice Robb declared that tho cas-
throughout seems based upon unrelated
and unwarranted suspicious from which
strained differences have been deduced.
Judge Gould in his decision, which haI
just been affirmed by the Court of Ap
peals, said that the offic ais Of the Frencl
Government themselves did not agree OF
the character OF the complaint agains
| Godsol. Judge Gould further said:
The testimony, admissible and hear
say combined, Is entirely too meagre ant
inadequate to enable US to reach the con,
| clusion that there is probable cause tc
bel eve that Godsol made the representa-.
tons set forth In the complaint
But even II probable cause were de.