The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-02-01
ocEF8ED MONEY NOT TO BID.
,..n,irned from Eighth Page)

vas NIoue Augusta which were made
we're u1 At cumberland sound There
ike M M number of those used in Au-
wa FTue those at Cumberiann sonnd, IN
gus Tom courses. There was also some
the w. f4seinas near Augusta. The
CUMBERLAND sound lasclnes ne uiu Hoe
Oua5ar we're made quite as earefully as
leo,iications required, but he thought
tne nos a full amount of material in
thel1 ,bout twice as much as in those on
me Jury platform -. .
w Albert j. Twiggs, the engineer
~ Contractor, who did the work near
,,,,s-9 was the next witness sworn. he
arst gave an account OF ms experience.
iIs has done considerable railroad build
ne 5r7lge building and river work in and
around Augusta.
IT, only contract with which he had
-, mad any trouble was that with the
,,.ernment in 1893 He said he had made
n9revious efforts 10 secure contracts Tor
ppoysrnment work. He received only one
eonv of the specifications when he wrote
tor them contemplating bidding.
10 mid Won ever refrain from bidding af-
ter you had prepared to do SOP was
asked. -,
"Wbv?o asked Col Barr.
81 came down here in 1891 and met Mr.
cavnor He proposed that we do the
uork tOgether,' was Inc reply.
Here Mr. Blair objected for the moment
mt withdrew his objection.
The witness then went on TO state that
he had seen Mr.. John Gaynor at the no.
te1 Capt Carter was rot present. He
then started to state what conversation
he had with Mr.. Gaynor
Mr. Blair objected again, on the ground
t5at this conversation did not take place
in Capt. Carriers hearing or presence, and
for he 1vrs
In spite of the fact that it was a fire.
olent argument that courts martial could
90 outside of the rules of evidence, in the
interest of getting at the truth and so
that nothing might be hid it has been de
ctded he said, that courts martial must
be governed in general by the established
rules of evidence. Those rules are the ac-
emulation of 300 years of work by judges
| and profound thinkers, and were made
for the specific purpose of bringing out
| the whole truth and nothing but the
/ truth.
rule of evidence was violated the
1 other cay, Mr.. Blair said, when Witness
4 Sterey, a subordinate, had answered that
the law required the publication of an adj
vertsement for bids thirty days, and thus
papable misStatement had been admitted
to the records of the court The defense
intended TO correct it, he said, by intro
ducing the statute prescribing that an adj
vertsement should be published only for
reasonable length of time, and for that
reason did not object when the question
/ was asked.
The defense submitted, he said, that
while acts and conversations of alleged
co-conspirators directly pertinent to the
4 conspiracy might be admitted, a conversa-
ten that took place in 1891, five years be-
fore the date of the alleged conspiracy
4 and before the subject matter of the con-
4 spracy had come into existence, was not
4 admissible under any construction of the
4 rules of evidence on that subject. The
/ river and harbor act of 1896 had not been
passed, there was no project, and a con-
splracy under those acts was impossible
and inconceivable at that time With this
argument a decision on the subject was
4 submitted to the court for consideration
Col Barr said he did not claim the con-
4 splracy originated in 1891 but he did claim
/ the right to show the relations of these
benefciaries in so large sum, to the ac-
cused as far back as he could go. No
rule of evidence could be applied, he said
10 prevent him from showing the relations
OF these parties even prior to 1891, and he
intended to show, he stated, that the con-
spiracy between these beneficiaries and
the accused was the natural outgrowth
OF those relations
The court, after considerable delibera-
uon decided not to sustain the objection.
MI Gaynor," said Capt. Twiggs, Sup
posed that [ should enter into the contract
win nm. L wanted the rock work. Then
concluded that was not as much as
should have and Mr.. Gaynor paid me $500
audllonal. That was after the bids were
opened, and 1 then went back home, and
did not bid"
Capt. Twiggs said that this was under
uhe contract of 1891, and that under his
contract in 1898 he had to repair most of
the work that the Gaynors had done.
After securing the specifications for the
contract OF 1898 l came down here to bid"
Capt Twiggs said
Did nybody approach YOU on that oc-
easion' Col. Barr asked.
Yes, sir, was the reply, ED Gaynor
came to me and asked me what I'd take
hot 10 bid. [ replied that 1 was here to
DID and the Gaynors did not have enough
money to buy me off. He continued to
make me propositions, and Ave minutes
oelofe the bids were to be opened he Of
Iered me $1,000 not TO bid. l refused. John
Gaynor then summoned up courage
enough to come up, and both he and Ed
HaEnor continued to make these PROPOSE
IONS up 10 within minute of the time
ior opening the. bids. Ed Gaynor had two
Dlas IN his hand at that time Mine was
'he lowest bid, and Capt. Carter recon-
F'NSu mat IL be accepted.
After procuring the contract Ed Gay
nor asked me why not let them have the
contract. l asked how l could do it. ]
GouId Just throw up the job he said. When
! asked him about my bond which had
ueeh given to do the work he said: 'Oh,'
we can fix that all right "
lHeTe was some conversation between
nlmselI and John Gaynor at the time of
tote'r agreement under the contract of
lool' ne said, with reference to other bid
pteIs' lie had suggested that there might
" other bidders. John Gaynor replied
u,a' ne did not think So but could find
oI| he wrote note and got an an
SSMer, saying there were no other bidders,
MI Iwiggs said.
apt Twiggs stated he began work on
ms contract of 1893 on Aug. l. He used
e5e same foreman who had been employ
r ny the Gaynors on a contract in the
, ,ieeI ABOVE Augusta. That foreman en-
rloSeu the same men. He had about
my OF them, and paid them Is cents
$40 ne began work by building fascines
,eo1 as ne had seen used in the work in
TO-. pullt under the Gaynors He bound
~. IA with lath yarn similar to that used
T. He Atlantic Contracting Company.
st ndu been purchased from a hardware
store in Augusta.
a. lew days after he had begun work
c C"p. Carter, he said, came up to the
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