Evening star., 1932-11-05


for extradition to the United States.
The courts decision means that
the flnancier will be detained while
extradition negotiations are pro-
ceeding.
BY the Associated Press.
ATHENS. November 5.-A decision in
extradition proceedings against Samuel
insult probably will be handed down
late this afternoon by the Court Of
Appeals. 1t was indicated today as de-
fense counsel completed a plea for his
clients release.
Cristos Ladas, representing the for
mer Chicago utilities operator, con-
tends that Mr. insult cannot be extra
dited to answer an indictment for en-
bezzlement in Chicago, since the new
Greco-American extradition treaty is
not retroactive. He supported this con-
tention with a declaration that he
would place in evidence documentary
proof of his clients Innocence.
Decision was reserved after this plea,
but the court will reconvene this after
noon.
insult Present in Court.
Mr.. insult appeared in person, look
ing tired despite the special privileges
accorded him at police headquarters,
where he spent the night. He took no
part in the proceedings, but followed
with the closest attention the argu-
mentS Of his attorney, though he under
stood not a word of the proceedings,
which were conducted in Greek.
Physician Reports.
A physician acting for the Court of
Appeals reported that Insult was suf-
fermg from myocarditis, diabetes and
low blood pressure.
The authorities were firm in their
determination to keep the 73-year-old
American In police headquarters until
the court decreed otherwise. The
formality Of arrest at police headquar-
tiers yesterday apparently was a hard
one for InSull-harder than his first
brief detention when he arrived here
few weeks ago. He went silently
through the proceedings with spectators
looking on.
When it was all over he turned to
them and, his voice choking with
emotion, asserted:
Il don't care"
Dinner at Hotel Permitted.
The American was permitted to re-
turn to his hotel with his attorney and
the police director for dinner. He re-
turned to headquarters at pm with
small suit case containing fresh linen
and went to the same guest room, with
bath adjoining, he had occupied before.
insults license to remain in Greece
has been renewed until July next year,
it was learned today.
In this case. said M. Ladas, the court
must take into consideration not only
the time of Mr.. insults entry into
Greece. but also the date of the Of
fenses he Is alleged to have committed.
Those offenses, he said, appear to have
taken place some time in January of
this year. long before the extradition
convention was signed and ratified"
The laws specifying cases subject to
extradition, he insisted, ARE essentially
criminal laws and cannot be applied
except as to the present and the future
This constitutes a guarantee for the
reputation of the state. Otherwise
the state would seem treacherous."
Declares Exemption Allowed.
He asserted that Greek extradition
arrangements with 10 other nations
grant exemption to those who took
refuge in Greece before the arrange
mentS were made. The treaty with
the United States, he said, does not
contain such a provision, but it was
written by a former foreign secretary
who assumed that the general rule
Of exemption applied in this case"
Even should it be recognized that
the treaty Is retroactive. he said. the
courts can issue a warrant for arrest
only upon the receipt of full docu-
ments from the state requesting de-
tention. This, he contended, nullifies
the warrant for Mr.. insults arrest
which was issued at the request of the
American legation.
Besides" he said, there Is an
article in the Greco-American treaty
which says that arrests may be made
in urgent cases. Therefore, since an
arrest is not obligatory, this case must
be examined to determine whether
1lere Is an urgency"
Declared Innocent.
He warmed to his subject as he de-
ribbed his clients conduct since COM
lg to Greece.
He was arrested and he was released.
Newspaper people came here by air.
plane They surrounded him and even
now they torment him. He knew that
ratification of the treaty was in progress
but still he remained here. He even OBJ
tanned permission to stay another two
months.
He knew that ratiflcations had been
exchanged and that his arrest was i'm
minent. Still he stayed. Attorneys
left Chicago to get him. He was In
formed that gangsters had been hired
to kidnap him. Still he stayed.
"A whole month has elapsed since his
arrival, and evidence proving the
charges against him could not be sent.
He is waiting for q hearing Of his
case In the Greek courts. I have docu-
ments proving his innocence and ]
shall submit them"
M. Ladas even invoked the gods Of
classic Greece in his defense Of the man
who gave light to 43 American cities.
! hundreds of thousands Of dollars for
philanthropic and artistic purposes, and
who now Is accused of petty theft"