The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-12-02
ON CHARGES OF CONSPIRACY.
GREEN AND GAYNOR PROBABLY
WILL BE INDICTED.

InformatiO From "A Reliable Source
Has 1t That Alleged COnspirators
with OberIIn VI. Carter Are to BE
Indicted by the Grand Jury of the
Federal District COurt-TO BE
Charged With Defrauding the Gov
ernment of n Million and Half
of DoIIars-such Action the Result
of Recent Continued Activity in
the Department OF Justice for This
District.
When the grand jury of the United
States District Court meets in Savannah
next week, Col. John f. Gaynor and Capt.
B. d. Green viii probably be indicted for
| conspiring with Oberhn VI. Carter, late
captain in the United States Corps of
Engineers, to defraud the government OF
sums of money said, though scarcely
proved, to exceed million and a half of
dollars.
The information comes from a reliable
| source that the grand jury Will meet
Tuesday and that on that day or the next
the evidence upon which the charges are
to be based will be brought to its atten-
ton and it's prompt action requested by
District Attorney Marion Erwin. The
specific charge, it is said, is to be con-
spiracy. though it is possible that the
charges will cover a wider field, and that
more than one Indictment viii be asked
by the district attorney.
There have been rumors of such action
on the part of the federal department of
jus Gee since the announcement of the con-
victlon of Capt. Carter by the court-mar-
tial that met in Savannah a year ago.
There has been clamor for a trial of
those whom the verdict of the board of
army officers denounced as equally guilty
with their then brother officer, to the end
that Capt Green and Col Gaynor might
be brought TO the bar of a civil court and
| have an opportunity IL they were innocent
| of these charges, TO establish the fact of
their innocence beyond the possibility of
doubt.
From the Attorney General and other
chief officers of the department, as we'll as
from the district attorneys of this and
other districts, have come occasional cas-
ual limitations of the course they intend
| ed to follow and what they intended to do,
| but these have never reached the certain
| ty of fixed and positive assertion. 1t has
been often stated that Messrs Green and
Gaynor would be indicted at some indef-
mite time in the future. but it has never
before been suggested just when the init
nation and the promise were TO have con-
summation in fact. So direct is the in
formation now in the possession Of the
Morning News that there Is scarce a doubt
but that the indictments Will be found at
the proxipnate session of the court.
For some time it has been known to
those on the inside that a series of elab-
crate preparations were being made by
District Attorney Erwin and Assistant
District Attorney w. r. Leaken. The
volumlnous record in the Carter court
martial was being scanned for fact or sug-
gestion, as TO the guilt or innocence of the
alleged co-eOnspirators, affidavits were be-
ing secured from those 1T was feared would
get beyond the reach of the process of the
court, and every possible effort was being
made 10 get the case in the best shape for
presentation to the grand jury and subse-
quently to the court. Extensive CORE
spondence has been in progress between
District Attorney Erwin and his assist
ant district attorney here and there has
been unceasing Legal activity all along the
line.
OF course such widespread activity has
been impossible without some knowledge
of its meaning and intent coming 10 the
public. There is every indication that the
prospective defendants have been advised
with reasonable eXactneSs of all that has
been done and that they have been pre-
derbolt When the cases are called,
should they reach this stage they will be
as important and as interesting an event
in the annals of the civil court as was
the Carter court-martial in the records
of military tribunals in this country. With
men of reputation, influence and wealth in
the prisoners box the cases can scarce
do less than absorb the enthraled atten-
ton of the public all over the country.
The history of the charges against
Green and Gaynor 1t Is not necessary TO
rehearse, as 1t is known not only in Sa-
vannah. where they originated I'm the re-
ports of Capt. Cassius E. Gillette to the
chief of engineers, but throughout the
country. Briefly, they relate to the ap-
preparations for the improvement of the
river and harbor of Savannah, Cumber-
land sound and the Savannah river be-
tween this place and Augusta. which Capt
Carter and the members of the contract
ing firm were alleged to have diverted In
large part to their own use without CORE
spending return to the government. Capt
Carter's trial, conviction and the subse-
quent history of the case, ending with his
degradation from his rank and imprison-
ment, are matters of common KNOWLEDGE
They narrowly escaped use as political
ammunition in the campaigns that have
just come to an end.
It is said that the grand jurors are now
being summoned and it is known that
Capt Charles J. White, the deputy mar
shall for this division of the Southern
district of Georgia, is now out Of the city.
1t is presumed that he is engaged in this
duty, in connection with the sumlnoning
of the petit Jurors for the next term of
the court. So far as is known, no Savan-
nah man has been summoned to serve on
the grand jury of the District Court. TO
which it is said the case of Green
and Gaynor will be presented by the Dis
trict attorney. The prospective defend
ants are now both thought to be at their
homes in New York.