New-York tribune., 1922-04-17
Can't
Be Tried Here
For Murders
District Attorney Hayward
Informs Borah Neither
Civil nor Military Courts
Have Jurisdiction in Case
Friends to Furnish Bail
Russians Expect to Get
Cossack Chief Out Of
Ludlow Street Jail To-day

Neither the Federal courts, the
state courts, nor the military courts Of
the United States army can now try
General Gregory Semenoff for murders
committed in Siberia, Federal District
Attorney William Hayward Informed
Senator Borah by telegraph last night.
'If tho army OF Semenoff was recog-
nized by our authorities at the time the
murders were committed" NJ. Hayward
said, "the only appeal would have been
to his military superiors there,
"If his army was not recognized, our
military authorities had the right to
capture, try and punish him at that
time, but not now.
"Some nations claim jurisdiction and
threaten punishment for certain crimes
committed by a foreigner in foreign
countries, but ! believe this right has
never been recognized by the law of
nations.
I'VE expressly denied Mexico's right
in 1885 to try an American citizen for
libel committed in Texas and inter-
vened and demanded his release. In
my opinion, Semenoff would be sub
ject to prosecution under any govern
ment now or hereafter maintaining
sovereignty over territory where the
acts were committed and by no other
There was every prospect last night
that the incarceration of General Greg
DRY Semenof in Ludlow Street Jail III
default Of S25, 600 bail would be term-
mated to-day. He is ataman of the
l. l. i
of the chief military authority in the
Trans Baikal in the bloody times that
followed the fall of the Russian royal
regime and the rise of the Bolsheviki.
Fresh bail in the form of cash, would
be posted to-day, it was said, and the
General would be released, He will
90 at once to Washington to ask for
hearing by the Senate Committee on
Labor.
Another attempt to procure a bond
from any one of the bonding companies
would not be tried, one of the Gen
erals counsel said. Russians living in
New York would accumulate the $685.
900 cash for deposit as security for the
General pending the Youravita Com
pany bankruptcy proceedings, and Mrs
Semenof would not again offer to
pledge her pearls or the steamship
tickets to Paris.
Court Action Promised To-day
All yesterday afternoon and until
late last night General SemenoT's at
torney's were at the Bar Association
Although it was announced that papers
to procure his release from Ludlow
we're being prepared for presentation
in court to-day, there was much evil
dence that the more certain means
offered through the raising of $25, ,00O
cash bail was forming serious part
of the conferences. Several times dur
ing the afternoon one or another OF
the attorneys left the Bar Association
for an hour or more. One absence took
Guile B. Goldin to the jail, but the
Ludlow Street jailer refused him ad-
mittance to his client, he said.
While this direct action to obtain
General Semenoff's release on cash
bail was being carried forward by his
! friends, the attorneys, Clark, Prentice
& Roulston, were preparing their flank
movements. John Kirkland Clark went
to Washington last night to appear be-
fore Senator Borah's Committee on
Labor, while Ezra P. Prentice, Mr.
Goldin and others of the firm remained
at work on writ of certorari for pre-
sentation to the Supreme Court to-day
should any i'll betide the bail pro-
fContinued on paqs fourl