Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-01-04
ON TRIAL FOR FRAUD.
CAPTAIN CARRIERS ALLEGED
CONFEDERATES IN COURT.

(By Telegraph to Virginian-Pilot.)
New York, Jan. 3.-The examination
Of Benjamin D. Greene. John f. Gay
nor. William T. Gaynor and Edward
II. Gaynor, indicted on a charge of
Edefrauding the United States govern
ment out of $685. $50 in connection with
the Savannah river and Cumberland
sound improvements, was called to-
day before United States Commission
er Shields. Just prior to the opening
of the session the mysterious woman
who made charges against John f.
GaynOr at the last session appeared In
the corridors of the building and re-
newed her charges against him. Mr.
Gaynor. who was present to appear at
the examination, said that he did not
know the woman.
Captain Cassius M. Gillette, United
States Engineer Corps, was first placed
on the stand for cross-examination by
Lawyer Abram ]. Rose. OF counsel for
the contractors.
Mr.. Rose first questioned Captain
Gillette with reference to his identifi-
cation Of each of the defendants, and
then asked for the production of the
original contract between the United
States government and the accused
contractors. Commissioner Shields
ruled that the counsel for the accused
contractors would have to introduce
his copy of the contract If he wanted
the paper as evidence. Mr.. Rose then
went into a minute examination of the
witnesses as to his personal knowledge
of the opening of the bids for the con-
tracts; of the presentation of claims on
the contracts: Of certain checks said.
tn have haan hx,C ct
Carter, the engineer In charge prior
to July 26. 1897, etc., and United States
District Attorney Burnett rose to call
halt, saying that the only points to
be determined a the examination were
the Identification of the accused, and
If there was probable cause on which
to hold the men. He said the exami-
nation was being conducted as a trial
and IL continued would occupy more
time than was necessary for such pro-
ceedings. He asked that the examina-
ton be carried on in the proper way
Mr.. Rose contended that he had @ right
to controvert the facts contained in
the indictment, just as if the proceed
ings were being held in this district.
You have to 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 seeking to prove that it is un-
| true"
Commiss oner Shields said that the
only questions to be decided, as he I'M
derstood the law, were identity and
| probable cause. Notwithstanding this
ruling Mr.. Rose continued to question
Captain Gillette as to the duties of dis
! trict engineers. This was objected to
| by Mr. Burnett.
Mr.. Rose then explained that he was
| erdeavoring 20 prove that the district
engineer has really no power to make
contracts, and he simply acts as the
clerk and under the direct orders of the
engineers. Mr.. Burnett commended that
| under Judge Walace's ruling In the
Prince case the indictment could not
be attached before n comm ssioner, but
| in n trial court. which also has juris-
| diction. Still Mr.. Rose continued his
examination of Captain Gillette, but h s
questions, one after the other were OBJ
jected to and Commissioner Shields
| ruled that they need not be answered
| as they were immaterial and irreye-
| liant
United States District Attorney Err
win then asked the witness If he had
| any knowledge Of the connection OF the
defendants with the Savannah work
after July 90 1897.
Mr.. Rose objected, saying that the in
dictment alleged offences committed
| prior to that date.
Commissioner Shields allowed the
| question to strengthen the Identification
| of the contractors.
yes" answered Captain Gillette, az
have official communications from,
them, and have paid Greene money
on these contracts. I have had Official
and verbal contracts with the Gaynors
The money was paid for work alleged
to have been done during the month Of
July, before and after July 20, 1897. ]
| gave the check to Greene on or about
August 1. 1897 1t was for about $780,
600. I was inclined to keep back some
| of the money at the time
This ended Captain Gillette's exami-
nation. and then Assistant u S. Dis
trict Attorney Baldwin introduced the
bail bonds as additional evidence to-
wards proving the identity OF the &C
cused contractors.
l Commissioners Shields allowed tn,
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