The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-01-28
ARE THE GAYNoRs ON TRIAL?
THE JUDGE ADVOCATE SEEMS TO
BE OF THAT OPINION.

offered Him $500 Not to Bid-When
He Refused They Changed Their
Bid and IL Appeared in the Name
of a. VI. BanGs-Advertiseme
Always Published by Capt. Carter
just as Approved by the War De-
partment Dates and All.
Are the Gaynors. members Of the At
lantic Contracting Company, on trial be-
fore the Carter court-martial? That Is
what the judge advocate seems t0 think,
according to remark he made before the
court yesterday. To a certain extent they
are, was the tenor of his speech on the
subject.
The subject came up during the exami-
nation of Witness T. J. Agnew, when Mr..
Blair objected to testimony as to a CONVEX
sation between the witness and the Gay
nors, on the ground that they were not on
trial, and that the accused not having
heard the conversation, could not be bound
by it, The judge advocate thought they
were on trial to a certain extent The court
sustained him with regard to the tesd-
mony, and it went in.
The examination of Chief Clerk J. w. 0.
Sterly was concluded for the present,
though he will probably be recalled on
other matters later That portion of his
testimony which is expected to excite such
lively interest, it seems has not yet been
reached. 1t Is expected Mr.. T. \. D. Han
cock win go on the stand to-day to testify
along the line taken by T. J. Agnew.
The examination Of Mr.. Sterly was sus-
pended for a short time in order to put on
the stand Mr. Thomas J. Agnew, who has
been called away from the city. Mr. Ag-
new is in the lumber business, and was in
1894
A friend of his called his attention to the
fact that bids were to be opened for i'm
proyements at Cumberland sound in 1894,
and asked him to get copies Of the specih-
cations for him. Mr.. Agnew said he went
three times to the Office Of Capt Carter to
get the copies. He saw Mr.. Connolly each
time, but failed to get them. He then
wrote to Capt. Carter, and received let
ter from him, but that letter did not con-
tain the copy.
He said he then wrote a second letter
to Capt. Carter. telling him he had had
a great deal of trouble in getting the spec
iications, and asking him to please let
him have a copy. He got no reply to this.
but called at Capt. Carriers office on Sat-
urday and got them. He had also made
an effort TO get them through DR.. Brandt,
but failed in tits
He represented r. C. Ross & Co. of
Jacksonville, and put in a bid about five
mi no da he
bids were to be opered.
who was present when those bids were
opened?' Col. Barr asked.
The two Gaynors, Ed and Jonn Rit-
tenhouse r. Moore and myself" was the
reply. Capt. Carter, he said, was not
present.
Did you have any conversation with
any of those parties about the bids?" was
asked.
Il did" was the reply both John and
Ed Gaynor spoke to me about the bids"
What conversation did you have with
them?" was asked.
Mr.. Blair entered strenuous objection
TO this question on the ground that the
irresponsible statements of these parties
made out of Capt. Carter's presence, could
in no way bind him
The Gaynors are not on trial before
this court it is the case of the United
States against Capt 0. ". Carter" Mr.
Blair said.
Those parties are on trial to a certain
extent Col Barr said. Il submit the
question to the court. / don't think il
needs any argument"
May it please the court" Mr.. Blair
said 1t embarrasses me very much TO
nave TO argue such a que stion as that
Sull, If the court desires it, ] can seno
for the authorities to show that such dec
larations by these men, not parties defend
ant to this case, can in no way bind the
accused"
Gen OTIS thought the court understood
the question, and Col. Barr remarked, in
conclusion:
Il propose to show the acts and declara-
TONS Of all these persons mentioned in
the conspiracy charge, ana others besides.
TINS have stated before. They are al
legged co-consp irators, and I think their
declarations pertinent to this case
The court then retired TO discuss the
question, and on returning decided not
to sustain the objection
What conversation did YOU have wirb
themH' was asked.
Ed Gaynor asked me If | was going
20 put in bid for the work. and I said
yes lie asked me if | represented e. b
Hunting Co. and l said no He oues.
toned me TO find out who the bid was
from but refused to tell him. John
Gaynor questioned me In the same man
ner, but l refused to tell him. ia Gev-
nor then came to me again and said I
was ooing him an injustice. that l woula
NOT get the contract and that it WouIt
only cause him to lose money. Ed Cav
nor then offered me $500 not to put in
the bid, which l refused. saving 7 had
positive instructions to make a bid"
What happened after that?" was asker
The Gaynors held consultation ana
Ell Gaynor approached me again. reouest
ing me 10 Withdraw my bid. as he had
done before l positively refused. saving
l was there to put my bid in. and was
going TO do So He then walked over 10
Capt. Carriers desk. picked up one enve,.
one containing his bid and put down an.
other. Capt Carter was in the room but
was not al his desk"
who were present when the bids wer.
opened?" was asked
The two Gaynors, Mr.. Moore Cant
| Carter. myself and several others " was
the reply.
when The bids were opened was thor.
any bid from the Gaynors or from Inc
! Atlantic Contracting Company" was the
next question.
mo, sir There were three bids b,,,
there was none from either Of the CA.
nors.' he said.
Who were the bidders?' Col Barr
asked.
Mr.. Moore myself. representing pos.
of IackSOnVille and Rangs T. o. =