The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1900-01-19
THE GAYNOR TRIAL.
This Case Again Up Before Commits
siOner shields.

New York, January 16.-The exami.
nation in the proceedings instituted ir
this city against Colonel ]. F. Gaynor
e H Gaynor. W. T. Gaynor and B.
wv. Greene. indicted in Savannah Ga,
Hast December for frauds in connection
with the Savannah river and Cumber
land sound contracts, which were. IL
Us claimed, sanctioned by former Cap
tain Oberlin NJ. Carter. United States
engineer corps, was continued today
before Commissioner Shields. The first
WITNESS called by the defense was Lieu
tenant Colonel Alexander Mackenzie
united states engineers, at present sta
ltioned in Washington.
While Lieutenant Colonel Mackenzie
twas on the stand Mr.. Rose sought 10
Introduce as evidence a copy Of the
I~certincate of Incorporation OF the At
lantic Dredging and Contracting Com
Ipany, under the seal of the state OF
West Virginia
The paper was objected TO as incom-
lpetent by Assistant United states Dis
trict Attorney Baldwin, and the obtec-
ltion was sustained. The certificate was
then marked for Identification. Next
Mr.. Rose asked why certain documents
were not forthcoming.
Lieutenant Colonel Mackenzie, being
told to stand aside for a few minutes.
John B. Mccarthy, a clerk in the Of
flee of the chief OF United States engi-
neers in Washington, was called. He
was asked to produce the contracts en-
tered into between the national govern
ment and the Atlantic Dredging and
Contracting Company. The first paper
he produced was the Savannah con-
tract n contract bore date of Oc-
tober s, 1886. The Cumberland sound
contract OF the same date was also pro-
Iduced- The contracts appear in the
name of Captain Oberlin NJ. Carter as
lthe representative of the United States
on the one side and the Atlantic Con-
Itractlng Company on the other. Other
papers bearing on the improvements
mentioned were also produced and
marked for identification. They cover
led the operations for the three wears
ending October 1899.
Lieutenant Colonel Mackenzie being
recalled, identified his signature as act
ling chief of United States engineers
which appeared under the word "ap-
proved" on the Savannah contract.
and other papers,. When Mr.. Rose Of
Tered the contract as evidence, say
ing that 1T was the Identical % re-
lferred to in the Savannah Indictment
alleging conspiracy, and was highly i'm
portant to his clients, it was objected
to by counsel for the government and
the objection sustained.
To prove the genuineness of Can
tain Carriers signature on the con-
tract, Mr.. Rose took the stand. Mr..
Rose said that he had seen Captain
Garter write over a thousand times,
and that the writing on the contract
was Carriers. Assistant District At
ltorney Baldwin objected to Mr.. Roses
identification and said that Carter
should be brought from the Governors
Island prison to prove the signature.
Mr.. Kellogg informed the court that
Garter is at present very sick.
Commissioner Shields reserved his
decision on the objection.
Mr.. Rose was asked to identify the
signature of Colonel John F. Gaynor
and William T. Gaynor, which also
appear on the contracts. The obiec-
tions raised by the government lawyers
regarding the latter signatures were
sustained and the contract was not ac-
lcepted as competent evidence.
The same routine was followed with
the other papers produced by Witness
Mccarthy, the war department clerk,
but on the continued objection of Mr..
Baldwin, the documents were not ac-
iPpDtpd