The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-04-29

Cooper reported such soundings to him. II
such soundings had been made there was
no evidence OF it in the engineer Office.
where It should be- and it was left for the
court to decide whether the explanations
were true or fabricated.
The charge of conspiracy 10 defraud the
city out of the quarantine rock was next
! taken up. Col. Barr went into oil the
evidence on this subject, calling attention
to the fact that in Capt. Carriers letter
to the Secretary of War, he said the time
had arrived for opening a once the new
channel neaF the quarantine station,
though at that time no appropriation for
the work had been made The city Coun-
ell, Col. Barr said, when the letter came
from the Secretary of War ordering the
removal of the rock, and the offer came
from the Atlantic Contracting Company,
was between the devil and the deep blue
sea" All the evidence, he said, showed
that the accused was guilty of this charge,
and surely the court should find that YER
dict.
The same detail characterized Col Bars
'argument ca the charge relating to The
Eiirt money, S1S2lO lie held that il was
used under Capt. Carter's direction as
slush fund. and that the evtleuce 80
showed. The money should under The
regulations. have been placed to his credit
with the treasurer or the assistant treas
urer
The twelfth specification, under ctarSs
third. charged the accused with sending
a telegram to the Secretary of war pur-
porting to come from him in Savannah,
when he was. as a matter Of fart in Kew
York city. Col. Barr said he could not
consistently ask the court for any conyic.
ton on this specification, as the evidence
showed, as a matter of fact, there was no
deception "A telegram was sent to Capt.
Carter in New York at the time which
showed that there was no intent In that
case to deceive. He would, therefore not
ask the court to consider that specfica
ton.
AS 70 other absences from his post with
out leave, Col Barr said with the evidence
adduced and the explanations, they would
be matters of which the-court could best
judge.
Col. Barr then took up the charges of
embezzlement. This Is the fourth charge
similar in a large degree to the others.
except that the punishment for the Of
Tense is different. and it charges the
accused with having made improper pay
ments Of government funds dverung
them from their proper sources.
Col. Barr said the accused had been
carried on In this resistless stream to the
broad conspiracy with B. d. Greene and
other persons. While vet a young officer
he came under the baleful influence of
Capt. Greene, and as the years passed
the connection has become closer and
closer between him and his mentor, and
with the Gaynors Col. Barr then re-
ferred to the barges that were paid for
by the accused for use in some of the
river work. The barges were purchased,
he said, from Greene and Gaynor and
their co-laborers in depicting the treasury
of the United States, and they were made
so much the richer. Why was not Ed
Gaynor put on the stand to contradict
the statement that these were cd and
worn out barges? he asked.
The accused he said, endeavored to en-
ter into supplemental contract with the
Atlantic Contracting Co for dredging
10000 cubic yards at Cumberland sound
for the exorbitant price of twenty-five
cents. Take his testimony in the Brown
case in favor of the Atlantic Contract
ing Co, he said. and his personal visits
to New York to deliver checks to Greene
and the Gaynors. Consider that Greene
and the Gaynors had all the jetty contracts
in this district under him. Consider the
contracts of Ely, of Bangs and of Walsh,
all of whom were men of straw Bear in
mind that in 1897 he took to New York
checks aggregating $4,000, which finally
and were used through new channels, the
Knickerbocker Trust Co and the Man
haitian Co Why did they not go through
the National Park Bank and the Ameri-
can Exchange National Bank as had the
others? yf
I'VE shall know this some day." he
said though we do not know IL now"
Col Barr asked why should Greene get
the Fernandina check which did not belong
to him. He spoke of Greene and Gaynor
who had sublime confidence in each other
Why. he said, should the accused have
drawn out every possible dollar for these
contractors. who bestrided the Atlantic
coast like a Colossus? What motive but
conspiracy, could have prompted him to be
in New York when the checks We're cash.
ed? 1t is impossible, Col. Barr said to
absolutely prove a conspiracy unless one
of the conspirators turns states evidence.
Conspiracy seeks dark shadows. Conspir-
acy whispers, and the hours of darkness
are its MONDAY sun.
Col. Barr then referred to the 1894 con-
tract on Cumberland sound, which was
let in the name of Arson NJ. Bangs. Gay
nor was present, he said, and did not put
in a bid; Bangs was not present and did
put in a bid How about the forgery OF
Bangs name by Connolly? he asked He
said he called it a forgery advisedy. The
statement that the work was done at ruin
ously low prices might have deceived the
superior officers of the accused, he said,
but il could not deceive the court. Does
the court suppose that the accused, did
not know of that fraudulent transaction ?
There was no correspondence with Bangs,
and he must have known ii in minute de-
tail. The evidence shows that Greene and
Gaynor were the beneticiaries."
The check upon which was Endorsed the
name of Arson NJ. Bangs, which was
turned down by the sub-treasurer, was an
eloquent interpreter OF the methods Of b.
d. Greene, he said. Why was not Arson
NJ. Bangs called before the court to give
some explanation of this matter. Why
was not w. T. Gaynor brought before the
court to say that he had authority from
Bangs TO carry out the contract? Why was
not the evidence of Conant that 100 per
cent. profit was made on this work, trav-
ersed? AT this point the court took a re-
| cess until o. clock in the afternoon.
Why was not the testimony of Book
Keeper Gallagher that only $4,000 was paid
out under the contract of 1896 on the Tybee
breakwater controverted? Col Barr asked
| after the recess. II could not have stood
the test OF cross examination. Why was