The morning news. [volume] (Savannah, Ga.) 1887-1900, 1900-03-13
OBSTACLES ARE THEIR OWN.
GREENE AND THE GAYNORs MAY
COME HERE If THEY WILL.

Correspondence Between District At
torney Erwin and Mr.. Abram j.
Rose, Counsel for Defendants in
the Greene-GaynOr-Car Con-
spiracy Case, Filed in the District
Court-Case Was Called and Mr..
Connolly the Only Defendant Who
Appeared-Mr. Erwin's Letter
showed That Defendants Might
Not Struggle TO Keep Away From
savannah and Then Take Advan-
tage of Legal bubbles.
During yesterday mornings session of
the United States District Court. District
Attorney Erwin caused the case of the
United States against benjamin d.
Greene, John f. Gaynor, Edward H. Gay
nor, William T. Gaynor, Michael A. Con-
molly and Oberlin NJ. Carter to be called
by the clerk.
Mr. NJ A Connolly was the only one of
the defendants who answered to the call
Of his name, the others appearing neither
in person nor by attorney. The purpose
of Mr.. Erwin in having the case called
was made evident by his request for per-
mission to introduce and file with the
clerk some recent correspondence be-
tween himself and Mr.. Abram ], Rose,
counsel for B. d. Greene and John F.,
Edward II. and William T. Gaynor in the
hearings that have recently taken place
in New York before Commissioner
Shields and Judge Brown.
The correspondence consists of three let
ters, frst, of a notice to MIR. Rose, as
counsel for The men he has been repre-
scnuing, appTsing him of the fact that the
case wound be sounded when court met
yesterday; second, of Mr.. Roses reply,
and, lhird, of the reply of Mr.. Erwin 10
the letter of counsel for the defendants.
The reply of Mr.. Rose to the notice sent
him by the district attorney is a lengthy
document. 1t recdtes the fact of the PEN
dency before Judge Add son Brown of he
motion for a warrant of removal Of the
defendants from New York TO Savanna n
and states that the defendants are nder
bond to await decision on this motion
and deliver themselves up TO the marshal
should it be unfavorabie to them. On
this account MIR. Rose expresses surprise
thai the district attorney should expect
his clients 10 be in Savannah at this time.
In reply the district attorney has adj
dressed a second letter to the counsel for
the defendants, in which he makes tell
ing counterthrust as to the alleged in
ability of the defendants to appear here
to plead to the Indictment while the hear
ing before Judge Brown is pending in
New York. Mr.. Erwin calls counseis at
tention to the fact that the obstacles in
the way of the defendants coming to Sa-
vannah are of their own making and that
they can be overcome simply by Mr.. Rose
withdrawing the objections he has made
to the surrender of his clients to the mar
shall of the Southern district of New York,
under the bench warrants that have been
issued for their arrest. The defendants
have a legal right, said Mr.. Erwin in his
letter, to exhaust every means in their
power to prevent their being brought to
| Savannah for trial or to delay this con-
summation as long as is possible. He
| points out, though, that they cannot do
| this and at the same time save 10 them
selves the right TO make quibbling object
| ions to the sufficiencY of the indictment
or the manner in which the grand jury
! by which il was found was summoned.
| Mr. Erwin stated TO a Morning News
| reporter that he was of the opinion that
| the course pursued by the defendants, in
! ignoring his demand for their presence
here. would debar them from making some
objections to the indictment that would
| otherwise have been within their legal
| rights The letter of Mr.. Rose is good
| evidence that he and his clients took the
! notice much to heart, and that they are
cOnsldera bly, wrought up over its contents.
| In the light of the defendants recent and
violent efforts to prevent being brought
| TO Savannah, their counsels pathetic plea
| as to their inability 20 come seems a
trife funny.
The decision of Judge Brown on the mo-
ton for a warrant of removal to SaVan-
nah is daily expected. The arguments
were concluded more than three weeks
ego, but it is understood that counsel for
! the defendants, in accordance with their
well understood plan of doing nothing In
the case until they are Obliged TO and OF
delaying any and all action as long as
possible, filed no brief of law until two
weeks after the hearing. This is thought
| to account for Judge Browns failure &c
render a decision before this time. 1t is
generally believed by every one who has
kept up with the hearing before the com
missioner and Judge Brown that there
can be but one decision from the latter
against the contentious of the defendants
and instructing their immediate removal
to stand trial here.