Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-04-05
coMsp,RAToRs DISCHARGED.
captain CARRIERS CONFEDER-
ATES TURNED LOOSE.
(By Telegraph to virginian-Pilot.)

(By Telegraph to Virginian- Pilot.)
New York. April 4.-Judge Brown, of
the United States District Court, has
refused a warrant of removal applied
for in the case of Captain Carriers con-
tractors--B. d. Greene, j. Il. Gaynor,
e. H. Gaynor and w. II. Gaynor-in-
dicted i'll Savannah. He ordered the
discharge of the prisoners without
prejudice to further proceedings.
The grounds for the refusal were the
absence of sufficient testimony as TO
the guilt of the accused. The decision
says:
THE stenographers notes of the pro-
ceedings returned by the commissioner
consists OF LOO pages. showing. how
ever, no other evidence of the commits
sion of the offense than a certificate
copy of the indictment. Aside from
this the whole record consisted of little
except rulings upon the evidence on be-
half of the defendants sought to be in
troduced, and numerous exhibits. all
of which, so far as they pertained to
the merits or tended TO show the inno-
cence of the accused and the want of
probable cause, were rejected, mostly
upon the ground that the question of
guilt or Innocence should only be heard
and determined upon a trial under in
dictment."
The decision also says an Indictment
is AT best but evidence i'm no way con-
elusive, and that although n copy of
the indictment may he treated as an
affidavit, 1t is TO be given weight only
according TO the nature and character
of its avermcnts, "by singular inver-
sion, however" continues the decision,
the best reason for the admission of
the defendants proposed evidence.
namely its tendency to show innocence
of the charge and lack of probable
cause, was in this instance made the
reason for excluding it. a certified
copy OF the indictment having been re-
cciVed by the commissioner against the
defendants objection. it was thereupon
contended by the prosecution and vir-
tually ruled by the commissioner that
the evidence was closed as respects the
question of guilt, and that no evidence
disproving ii could be allowed. since
that would be trying the issue" here
instead of in Georgia.
The decision also says:
There is no allegation any where in
the indictment that the work and ma
terials supplied and the bills presented
were not strictly according to con-
tract. that the prices claimed or al
lowed were exorbitant. that improper
work was passed or improper Substi-
buttons made nor are any facts stated
showing actual fraud. or that the Gov
eminent was being defrauded of a dol
lar. Even If no fuller statement on
these points is essential as a matter of
pleading it is Indispensable as evidence
Of probable cause of guilt"
RECEIVED WITH CONSTERNA-
TON
Savannah, Ca. April 4.-Thc decision
of Judge Brown in the case of Green,
Gaynors ct al. was received with some
thing like CONSERVATION in Federal
court circles here. Judge Speer de-
cllned to say a word in respect to it.
District Attorney Erwin said:
II cannot now outline the plan to be
| followed by the government regarding
| this case. I must first wait and sec
| the entire decision. The Judge may
have held that the Indictment was de-
| fcctive on one ground or another. and
until know exactly what his reasons
were for allowing the defendants their
liberty I cannot say anything about
the case
When asked IL new indictment
would be brought Mr.. Erwin said he
could not say. but he would say that
the matter would not be allowed to rest
as II is. The District Attorney has
been notified that 81 copy of the deci-
sion has hpen maite1 TO him.