The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-12-12
THE INDICTMENTS STORY.
GRAND JURY's ACCOUNT OF THE
CARTER CONSPIRACY.

atOrs-The Latter Thought TO lie "a
Purely Formal Party, So Far as His
Trial Is Concerned, to the Indict-
ment-NOt Believed .he ex-Captnin
VIII Ever BE brought Before the
COurt-But His Indictment Was
Necessary to Make Out "a Case OF
Conspiracy on Part of other De-
fendnnts-ConnaIIy's Part in the
Conspiracy.
The Indictment against Benjamin d.
Greene. John f. Gaynor. William T. Cay
nor Edward II. Gaynor, Michael A. Con
nally and Oberin NJ. Carter, charging them
with conspiracy 10 defraud the United
States. as found by the grand jury, under
the evidence aud in accordance with sec
lions 543s and $40 of the Revised Statutes,
was made public yesterday afternoon.
The indicted parties includes two whose
names at first were not given out-Wil-
liam T. Gaynor and ex-Capt. Carter. The
announcement will cause surprise, though
a reading of the first count in the indict-
ment viii explain beyond question the rea-
son why they are jointly charged with
the others with conspiracy to defraud The
government. William T. Gaynor was Sec
rotary of the Atlantic Contracting Com
pany, Carter the engineer officer in charge
of the district. The conspiracy as alleged
could not have existed without the con-
nivance and consent and cooperation of
both of them, and the law requires that !
all alleged known conspirators shall be
named in the indictment 1t does not at
all follow that all of them are to be tTTed |
either collectively or separately. The in |
dictment begins and the first count the
general description of the manner of the
conspiracy, reads as follows:
The grand jurors of the United States, |
chosen, selected, impaneled and sworn in
and for The Eastern division of the South |
ern district of Georgia, upon their oaths,
present that Jan. ], 1897, Benjamin D. |
Greene, John f. Gaynor, William Il. Gay
nor, Edward II. Gaynor, Michael A. Con-
nally and Oberlin NJ. Garter, being evil |
disposed persons did, within the jurisdic-
ton Of this court unlawfuliy, knowingly
and feloniously amongst themselves, and
with divers other persons, conspire, con-
federate and agree together to defraud the |
United States of America of large sums
of money by means of certain fraudulent |
scheme devised by said Greene, Gaynors
Connally and Carter, and which was then
in process of execution by them; that the
fraudulent scheme was first devised, con- |
cocted and put in operation by and be- |
tween Greene, the Gaynors, Connally and |
Carter, on or about 1891, and has been |
continuously in process Of execution by
them until Oct. ]. 1899
THAT the said Carter was an officer of
the United States Army in the Corps Of
Engineers, and had been continuously |
from about 1883 until about July 20, 1897, |
as such engineer officer, in local charge |
in the Southern district Of Georgia OF
what is usually called the Savannah dis
trict'' for the improvement by the rivers |
and harbors. and as such officer he was
engaged in the execution of such improve
ments as were made in said Savannah dis
trict, within the Southern judicial District
Of Georgia"
As such officer in charge of this Savan-
nah district the indictment charges that
he was vested with certain powers, duties
and discretion, and amongst other things
with power, duty and discretion in propos-
ing from time to time projects for the
improvement of tie rivers and harbors
in this district, devising and drafting spe-
ciheations for contracts for the proposed
improvements; drafting and suggesting
forms of advertisements for giving notice
TO the public that competitive bids would
be received by him for the construction
of proposed works; causing to lie fixed
ana fixing the time such advertisements
would be published prior to the opening
Of bids; suggesting ard causing to be fixed
the time designated IN specifications for
contracts within which the successful bid
der would be required TO commence work;
giving out information in regard TO such
contracts to be LETT receiving proposals
for and recommending the awarding of
such contracts; approving or rejecting the
bonds required to be given by such con-
tractors; experimenting the work TO be
done by the contractors and approving
and ar hn
by these contractors according as 1t was
in accordance with the requirements of the
contracts or not; suggesting and approx
ing notifications of such contracts; ap-
proving or rejecting the accounts rendered
TO him by the contractors for work done
or claimed by them to be done, and, when
in funds as a disbursing officer, he was
vested with power, duty and discretion in
paying the contractors or refusing to pay
them the amounts claimed by them to be
due them for work done, according as such
claims were honest and fair, or false and
fraudulent
The Indictment further charges that the
fraudulent scheme contemplated that car
ter should, as an engineer officer, in
charge of the Savannah district, so fraud
ulently exercise the powers of his Office
and the discretion vested in him, that COM
petition In the bidding for the contracts
to be let through him should be cut off,
and Carter himself in the name of some
one of them or of some other person or
corporation for their benefit, would be the
only real bidders for the work, and that
oil contracts which were from time TO
time let for harbor improvements would
be obtained by some one or other of
the conspirators or by and in the name of
some other person or corporation, but Sc
cretly for the benefit of the conspirators
and so that the works put out TO be done
on contracts would be let an eXhorbitant
cost TO the government; and mat Carter
should so draft the specifications of con-
tracts for jetty works and training walls
10 be let through him as to provide that
the engineer in charge might al his OPP
ton require to be put in the work by the
contractor a large number of square yards
OF one specified design of what is usually
called a log and brush mattress, to be paid
for by the United States to the contractor
by the square yard which design of mat
tress, il so required to be put in by the
engineer. would make the cost of the full