The morning news. [volume] (Savannah, Ga.) 1887-1900, 1900-01-04
GOVERNMENT CASE CLOSED.
SHOWING MADE IN GREENE AND
GAYNOR HEARING.

Identity and Probable Cause the Only
Questions to BE Decided-Attorney
Rose Wanted to Go Into "a Dis
cussiOn of the Merits of the Indict-
mcnt-Defendnnts Identified by
Capt. GiIIette-Their Turn Comes
To-day.
New York, Jan. 5.-The examination of
Benjamin D. Greene, John F. Gaynor,
William T. Gaynor and Edward H Gaynor.
indicted on a charge of conspiracy in de-
frauding the United States government
out of $575,750 in connection with the sa-
vannah river and Cumberland sound I'M
provemeuts. was called to-day before
United States Commissioner Shields
Just prior to the opening of the session
the mysterious woman who made charges
against John F. Gaynor at the last ses-
sion, appeared in the corridors of the
building and renewed her charges against
him. Mr.. Gaynor, who was present to ap-
pear at the examination, said that he did
not know the woman.
Capt. Casslus E. Gillette, United States
Engineer Corps, was first placed on the
stand for cross-examinaton by Lawyer
Abram j. Rose of counsel for the con-
tractors.
Mr. Rose first questioned Capt. Gillette
with reference to his Identification of each
of the defendants and then asked for the
production of the original contract be
tween the United States government and
the accused contractors. Commissioner
Shields ruled that counsel for the accused
contractors would have to introduce his
copy of the contract, if he wanted the
paper as evidence
Points to Be Determined.
Mr. Rose then went into a minute exam
ination of the witness as to his personal
knowledge of the opening of the bids for
the contracts; of the presentation of
claims on the contracts; of certain checks
said to have been issued by Capt. o. Nj.
Carter the engineer in charge prior to
July 26, 1897, etc, and United States Dis
trct Attorney Burnett rose to cali halt,
saying that the only points to be deter
mined at the examination were the inden-
tification of the accused, and if there was
probable cause on which 30 hold the men.
He said the examination was being con-
Quoted as trial, and if continued would
occupy more time than was necessary for
such proceedings. He asked that the ex-
amiua ion be carried on in the proper way.
Mr. Rose contended that he had a right
to controvert the facts contained in the
Indictment, just as if the proceedings
were being held in this district
You have 10 determine the guilt or
innocence of these men as if it were an
original proceeding said Mr. Rose.
They have introduced the indictment as
piece of evidence in this case and l am
Sc king TO prove that 1t is untrue
Commissioner Shields said that the only
question to be decided as he understood
the law, were identity and probable cause.
twithstanding this ruling, Mr.. Rose
continued to question Capt. Gillette as TO
the duties of district engineers. His
questions were objected to by Mr. Bur
nett.
Mr.. Rose then explained that he was en-
deavOring to prove that the district en-
gireer has really no power TO make con-
tracts and he simply acts as the clerk and
under the direct orders of the chief of en-
gtleers. MIR. Burnett contended that un-
der Judge Wallaces ruling in the Price
case the indictment could not be attacked
before a commissioner, but only in trial
court, which also has jurisdiction.
Stil Mr.. Rose continued his examina-
ton of Capt. Gillette, but his questions.
one after the other, were objected to,
and Commissioner Shields ruled that they
need not be answered, as they were m
material and irrelevant
United States District Attorney Erwin
then asked the witness il he had any
knowledge of the connection of the defend
ants with the Savannah work after July
20, 1897. ttf
Mr. Rose objected. saying that the in
dictment alleged offenses committed prior
to that date. Il sF
Commissioner Shields allowed the ques-
ton to strengthen the identification of
the contractors.
Dealings With Contractors.
Yes" answered Capt Gillette, II have
official communications from them, and 1
nave paid Greene money on these con-
tracts. l have had official and verbal con-
tracts with the Gnynors. The money was
paid for work alleged to have been done
during the month of July, before and
aiier July 20, 1897 l gave the check 10
Greene on or about Aug. /. 1897 1t was
Tor about $4,000. l was inclined to keep
back some of the money at the time"
This ended Capt Gillette's examination
and then Assistant United States District
Attorney Baldwin introduced the bail
bonds as additional evidence towards prov
ing the identity of the accused contrac
tors.
Commissioner Shields allowed the papers
In evidence and the government then rest
ed the case
The examination was adjourned until to-
morrow, when the defense will present its
case.