New-York tribune., 1899-12-31
GAYNORS PLACED ON TRIAL.
FIRST WITNESS TAKES THE STAND TO
TESTIFY AGAINST THE CON
rD A(.rnpS
TRACTORS.

Benjamin d. Greene. Colonel John F. Gaynor.
William T. Gaynor ard Edward H. Gaynor. mem
! bers Of the Atlantic Dredging and Contracting
Company, Jointly indicted with Michael A. Con-
| nally and ExCaptain Oberln NJ. Carter. United
States Engineer Corps. on charges Of conspiracy
and having defrauded the Government out OF S5Io.-
| 749 80 In connection with the Savannah River and
| Cumberland Sound contracts appeared for exam
| iha,ion yesterday before United States Commits
scner Shields. The indictment which the Cay
nors and Greene were arrested by United States
Marshal Henkel was found in the early part Of De-
cember IN the Savannah District.
The contractors are represented by the law firm
| of Kellogg Rose & Smith, which IL prepared to
make bitter fight against the removal of the men
| to Savannah for trial
! Since his arrest on these charges Colonel John +.
Gaynor has secured a divorce and remarked His
former wife who alleges that she has been greatly
wronged will, IT is expected figure witness
for the prosecution. She in court early yes
terday
The prosecution of the contractors is being
pushed by Secretary Root and Attorney General
| Griggs.
While the examination before Commissioner
Shields was conducted by United States Attorney
burnett and his assistants United States Attorney
Erwin. of Savannah. present at the proceed
| ings. At the opening Of the examination Mr. Rose
made motion that the contractors be liberated.
because the complaint its face did allege any
! specific offence or crime
| Commissioner Shields said that. II necessary he
would allow the complaint TO be amended SO that
1t will take in all the counts Of the Savannah in
dictment.
General Burnett at this point said that the copy
of the indictment would be introduced as evidence
This was done by Mr.. Baldwin, but Mr.. Rose OBJ
jected to IT, saying that certified copy of the in
dictment could NOT be accepted as evidence in the
case while the indictment itself was within the
Jurisdiction Of the United States. The law he con-
tended did not give TO the Clerk OF the Circuit
Court OF Savannah power TO issue certified copies
OF indictments found in the Georgia District. The
Commissioner said that the point raised was a
novel one and that heretofore all copies indct-
ments have been accepted evidence in criminal
| cases.
| Commissioner Shields overruled Mr.. Roses OBJ
lection to the certified copy Of the Indictment. say
ing that the matter could then be brought before
| Judge Brown, to get his ruling the issue raised
! Captain Cassus F. Gillette. United States En-
| gineers. Of Savannah, the first witness. He
said that since July 20, 1897. he had lived Savan-
nah, and prior TO that In California. The witness
| Identified the four contractors in court. and said
| that Michael a. Connally and ex-Captan Carter
were not present Captain Gillette said he had
| appeared a a witness before the Grand Jury in
! Savannah which had found the indictments against
| the contractors.
Mr.. Rose said he not prepared TO go with
| the Cross-eXamination, and that IL would last at
| least two hours. 1t agreed that the eXamina-
| tion will be continued on Wednesday at o'clock.
! Mr.. Rose says he intends TO test the validity OF
| the Savannah Indictment and will endeavOr to
| prove that II not found in the usual way.
nors and Greene is reported to be under arrest In
! Cuba.