New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-12-15
CARTER CASE SUR3ENDERS.
Eo,rR CONTRACTORS GIVE THEMSELVES
UP AND ANOTHER is WANTED.
- vxc.prA1N.s COUNSEL SAYS THAT THE
REAL FACTS IN THE ALLEGED FRAUDS
WILL NOW BE BROUGHT OUT.

xc.pr,1N.s COUNSEL SAYS THAT THE
prA1. FACTS IN THE ALLEGED FRAUDS
WILL NOW BE BROUGHT OUT
The long expected criminal prosecution OF .he
contractors associated with Oberlin NJ carter lot
-, eantain in the United States Engineer
Germs hut now a military prisoner in castle VIII
,ams on Governors Island. has finally been uhuer-
taken and at II O'Clock yesterday four out ol ''ie
Ave alleged conspirators surrendered themselves W
Tinted States Commissioner Shields. Inc piiso"e.S
are d r. Green Colonel John F. Gaynor, T.. H.
coyror and William T. Gaynor. Michael A Con-
o,iy or Savannah also indicted is yet 10 be hearu
from II is said that he has left the country lheS
were members Of the Atlantic Dredging ana Coh-
tracing Company. with which Carter had ueahhss
which led to his arrest. trial py court ING" va ~
sentence TO imprisonment
Il ,s ea,d that under Carriers guidance the con-
,roctinc concern defrauded the United States Gov
eminent out Of 10000 in connection with the %"
yannah River and Cumberland Souno improve
mems but because of the Federal statute or hfnl'a
ton the contractors can now only De accuseu u
stealing SB749 80 Elihu Root Secretary OF war
esrlv in October last took steps to have carter
contractors punished under the Federal laws anu
after conference in Washington the Auahto
Dredging and Contracting Companys contract was
annuiled and fl decided to lay the Par'oui''S
OF the frauds before the United states Grahu jury
of the Savannah District. An extended inquiry was
held and on last Friday Carter and the contractors
were indicted for violating Sections $40 and 54-S
Of the Revised Statutes. The first section relates 10
fraudulent claims against the Government ana the
latter TO conspiracy to defraud the Government
Bench warrants and copies of the Savannah indict-
ments which contain many counts were received
~, United States District Attorney Burnett from
the South on Tuesday and steps were taken TO To-
cate Carriers alleged oonfederates. Aware that
warrants signed by United States Commissioner
Shields had been issued. the contractors oecloeu
10 surrender They are represented by Aoram ).
Rose counsel for Carter in the court martial pro-
ceedings who has appealed from It's finding to the
United States Circuit Court Of Appeals MI rose
said that now the real facts of the alleged river I'M
provement frauds, which are grounciess' VIII De
brought out and that they will exorerate carter.
who was convicted by military men. ignorant Oh
the legal method Of taking evidence.
The accused contractors are allowed TO give Dal'
before Commissioner Shields 10 answer the charges
IN Savannah and they also have the rlght 10 70
into examination proceedings so as TO show as as
they allege that there are really no sIouHOS 4'
their removal to the Georgia district. ,o.,,r,
They chose the latter alternative, by deinaHuinS
examination, and the Government ia @ ie,i
10 proving that the prisoners are me per soIls
in Savannah will have to night me G4niSs'Gff tS S
vigorously before Commissioner Sh4eIqS as 10 ;re
ease were trial before a jury. me heaaIns
vas set Tor December 23 at 10 a. M ana the con-
tractors were released on bail. -, soo o,o
Colonel John f. Gaynor was placed under $2oVtss
bonds, which were given by william 20 o. fprnisb
similar amount, and James d LeaGy, OF t nls cItSii
accepted his surety. Whllall u Gay oI a az
Edward H. Gaynor were held in Sl0Vo pail eacn,
Mr. Kirk being accepted for the former ana husaI
Alyord of Syracuse, for the latter ,-.
The papers from Savannah bear the lndorsemen'
of Clarence S Horton, United States District AZ
tornev there and the complaint charges the con-
tractors with having unlawfuly conspired rWi.1
Obern NJ Carter and others to defraud me GI'eS 90
states in and about the letting and execution OF
certain river and harbor improvements IN O tS
Of Section 8 440 of the Revised Statutes OF me
United States and for having conspired with tne
said Obern NJ Carter and others TO presenI Ger IAN
fraudulent accounts aggregating 500, ~ ~ 70 ny
said Obern NJ. Carter. discussing oincer, OF the
United States for approval and payment, s D..
Colonel Gaynor and his associates decIneu 70
discuss the case yesterday further than TO say
they had apprehension az to the OUTCOME; annaS
associated in the dredging company and jointly in
dicted with Colonel Gaynor and the otheTs Hau
ned The country II was said he would surrender
at the right time If he does not 1t NIL 80 sSte
AUTHORITIES here say they do not know where ne ~
or what his intentions are r.