The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-12-12
THE INDICTMENTS STORY.
cOntIuued from Eighth Page.

tors to put in at the last minute sec
ond bid to meet unanticipated competition
at the letting of the contract
work, the engineer officer would
approve for acceptance their proposals
and guarantees, known to him to be forg-
cries
And that the engineer approve for pay
ment accounts which should be so render
ed to him by Greene the Gaynors
and Connally, or by some one of them,
or in the name of the person or corpora
ton which should by the successful opera
ton of the scheme have obtained the con-
tracts for the benefit of the conspirators,
and which accounts should be so render
ed for inferior work and material to be
put in at the exorbitant and fraudulent
prices stated in the contracts, to be made
by Carter, with the conspirators or some
person or corporation for them.
1t is charged that Jan. l, 1887, the con-
spirators were proceeding with the con-
struction of certain works under two con-
tracts, which had been obtained by them
in the name of the Atlantic Contracting
Company, of which Benjamin d. Greene,
John F. Gaynor and William T. Gaynor
held all the shares of stock at the date of
its charter, except stock of the par value
of $50 and That these contracts had been
obtained fraudulenty from the govern
ment through Carter. One of these con-
tracts was for the construction of jetties
at Cumberland sound and the other was
for the construction of training walls and
improving the Savannah harbor
The second count in the Indictment
shows the first of the overt acts alleged
TO have been committed in pursuance of
the plans of the conspirators 1t charges
Michael A. Connally, one of the conspira-
tors, with forging the signature of WIZ
liam T. Gaynor, on March II, 1897, to a
document purporting to modify the con-
tract for the Improvement of Cumberland
sound, and that Connally also forged the
signatures of Arson NJ. Bangs and Eugene
Hughes, the suretes of the bond for the
original contract, to what purported to be
their written consent to the alleged modi-
ned agreement above described. These
alleged forgeries of Connally are charged
to have been committed with the conniv-
ance, approval and consent of Carter and
for the purpose of furthering the general
plan and advancing the interests OF the
conspirators.
The third count of the indictment
charges that the alleged conspirators on
July l, 1897. presented a fraudulent account
against the government, for work said to
have been done and material alleged to
have been furnished in the work of i'm
provement in Savannah harbor which the
alleged conspirators knew to be fraudulent
and incorrect. The claim was for $32 81 AZ.
The fourth count charges the present.
ment to the government on July 6, 1857 Of
a fraudulent claim for $}5 600, for the i'm
provement of Cumberland sound for VIII Oh
check on the sub-treasury of the United
| States at New York was drawn by Carter
and handed over to John f. Gaynor. The
| fifth count charges the presentment of a
fraudulent claim for $3.50 749. 3d. for work
| said to tie done on the harbor of Savan-
nah, its payment by a sub-treasury check
| drawn by Capt. Carter and the receipt Of
the money by John f. Gaynor The other
| counts of the Indictment charge the same
crimes pleaded with more particularly,
| but In different ways. The whole indct-
| ment covers twenty-four closely typewrit-
ten pages.
The indictment is a presentation of the
essential facts of the Carter case. It
states 1t clearer. probably, than it has ever
| been stated, and offers a succinct and dra-
matte narrative of the manner in which
the alleged conspirators are said to have
| gone about their work to defraud the gov
| eminent. The charge of course, is con
spiracy, and only few of the overt acts,
in furtherance of the alleged conspiracy
between the parties are pleaded. The i'm
mense mass of verbiage that prevented a
proper unders landing of the case when it
was presented to the CONTINENTAL by
| which Capt. Carter was tried and convict
| ed is thus avoided and the lay mind per
mitted to grasp something more than
vague and general idea of the crimes with
| Wil4SA lliS dil6SGu CCtiSlblIdlOTS are C06iB
ed. 1t is high compliment, in its very
self, to the learning ability and tireless in
| duStry of the district attorney.
| When the crime charged is conspiracy,
one overt act, in furtherance of the plans
of the conspirators, that is alleged and
| proved, answers the purpose of twenty or
a hundred. 1t suffices that the conspiracy
Is shown to have been carried into actual
| effect, and 1t does not at all affect the
| guilt of the defendants whether the pur-
pose of the conspiracy was attained once
or many times. The conspiracy makes the
crime, and the overt acts are purely and
simply incidents, necessary perhaps, but
that gathers no additional importance with
multiplied numbers.
| 1t is not generally believed that Carter
will ever be brought to trial under the in
dictment 1t is understood that he was
| indicted for the purpose of showing the
| plan of the conspiracy, that could not have
been shown without the inclusion of his
name and the allegation of his equal guilt
with the others, but it does not follow that
he will be tried Indeed it is strongly
believed that this is not the intention of
the district attorney, though MIR. Erwin
refuses to discuss the question or his plans
in connection with the prosecution of the
alleged conspira TORS
Should he be brought to trial, though,
1t would not affect the sentence of the
courtnartlal. Inc l(lStrlcl court OF the
United States is not an appellate court,
to which a sentence of a courtmartial
may be appealed, and has no reviewing
power. There have been decisions holding
that an officer of the government may be
tried by courtmartial and again in the
regular courts by law, and that the SEN
tence of the courtmartial cannot be urged
successfully as former jeopardy. Should
Capt. Carter be tried under the indict-
ment, therefore, be convicted and SEN
fenced, his term could not begin until the
expiration of that imposed by the court
martial 1t is not likely, however, that
Savannah will witness a second trial of
the ex-captain.
1t is understood that Hon. Fleming G..
duBignon will be the leading counsel for
the defendants when they are placed on
trial on the charge of conspiracy 1t is
announced by one supposedly in Mr.. du-
Bignon's confidence, that he has already
agreed to accept the case. Should he do