New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-10-06
LIE PASSED IN GAYNOR CASE.
LIVELY T1LTs AT THE CROss-EXAAINA-
TIoN OF MR. wEsTCoTT.

The cross examination of Robert F. westcott
father-in-law OF the convicted Captain oberln NJ
Carter. In the proceedings for the removal OF J.
F., e N and w. T. Gaynor and p. D Greene to
the jurisdiction Of the Georgia Federal Court was
resumed yesterday before Commissioner Shields.
The defendants under indictment in Georgia
for completely in the alleged frauds in connection
with the Southern Harbor Improvement works of
which Carter had charge. Mr.. Westcott's direct
examination was conducted by Marion Erwin
United States Attorney for the Southern District
of Georgia. L. Latin Kellogg appeared for the de-
fence
Yesterday Mr. Kellogg examined the witness
on the testimony given before the United States
Court of Inquiry prior TO the court martial of Cap
tain Carter. The evidence given by several per-
sons there in direct contradiction to the test
mony given by Mr. Westcott in the present pro-
ceedings. and Mr.. Kellogg asked him about the
discrepancy. Mr.. Westcott insisted that those wit
nesses were mistaken. and that their statements
were untrue One of them was Mr.. Westcotts
son. Robert F. Westcott and others were Reed &
Flagg his stock brokers. and Robert F. Taylor
Mr.. Reed is dead.
Mr. Kellogg was asking Mr. Westcott to describe
a clerk the Shoreham Hotel. in Washington.
when he went there in response to a dispatch
from Carter in September. 1897. and Mr., Erwin
objected.
we have wasted too much time already" he
said. "rhe examination of this witness al
! ready fills more than five hundred typewriter
pages
Mr. kellogg tried to interrupt. and District At
torney Erwin exclaimed:
You can't drown my voice. sir
Il don't want to-" retorted Mr.. Kellogg ITS
all you've got. We have annihated your witness
and shown that he can't remember anything but
the things the Government has instructed him to
remember"
Commissioner Shields ruled that Mr. Erwin had
the floor and sustained his objection to Mr.. KEEL
logg's pressing for description of the hotel clerk
Mr.. Westcott could not tell when he cancelled
the power of attorney held by Carter 1t was
after his interview with Carter in Washington
The witness remembered Abram J. Rose, Carriers
counsel and 3. D. Greene asking him to testify at
the Court OF Inquiry.
Did you refuse?" asked Mr.. Kellogg.
Il did not"
Did you go?"
NO. Ny testimony would have convicted Carter
That's why / didn't GO"
How about convicting yourself?"
There was fear of that"
Had you made your arrangements with the Gov
eminent them"
NO and l haven't any agreement now"
Mr.. Westcott said B. D. Greene declared that he
CWestcotO partner in the firm and ought
TO testify to that fact. Later the witness SAID
| Greene took back that statement in the presence
of three Witnesses among whom was Mr. Rose
| MI Kellogg asked him directly if he had not ad-
vanced money TO the Greene-Gaynor firm, if he
! had not bid for contracts for them and if he had
not received moneys from the firm. To all of the
| answer, qualifying each with the statement I did
| it for Carter
Counsel asked the witness how he came to tes-
tify, and Mr.. Westcotts reply appeared TO contra
! dict his evidence his direct examination Mr.
| Westcott tried explain, and Mr.. Kellogg inter-
/ rupted him
! You're afraid 10 let me expainr' shouted the
! witness. rising from his chair.
Afraid Tetorted counsel You are guilty
STEPPED in guilt and you bubble to get out of tell
! ing the truth"
! Counsel and witness giared at each other across
the witness to sit down and the lawyer to take up
/ another subject
! Replying to District Attorney Erwin, Mr. West
colt said Carter had written to him asking him
to let Greene have what money he wanted. Mr.;
| Kellogg objected to the question and answer and
evidence it was no reason why he should be allowed
| to give Illegal testimony"
What's thatT' shouted Mr.. Westcott
| You turned States evidence" replied the law
| yer. you are regular turncoat."
! It's pretty serious thing to say has
! well. it is true MIR. Westcott's behavior all
! through has been disgTacetu." retorted Mr. KEEL
you Ier' roared the witness, jumping to his
| feet. You know you lie. You know you are say
| ing what IS not true
Commissioner Shields restored order promptly
and Mr.. Erwin declared the redirect examination
over. The hearing will be resumed on Monday
As Mr.. Westcott was leaving the courtroom with
District Attorney Erwin and a couple of Govern
ment accountants. he turned to Mr. Kellogg and
said, I'm awfuly sorry I've had to fight you
You're good fighter, and I love a good fighter"
Mr.; Kellogg looked disguised, but he did not say
anything.