Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-01-17
PACE FIVE TELEGRAPH CONTINUED FROM PA
ON TRIAL FOR FRAUD.
LATE ASSOCIATES OF CAPTAIN
OBEItLIN NJ. CARTER.
(By Telegraph to Vlrginian-Pilot.)

| (by Telegraph to Virginian-Pilot.)
New York, Jan. 1G.-The examination
in the proceedings instituted in this
city against Colonel j. f. Gaynor, e.
II. Gaynor. w. n. Gaynor and b. w.
Greene, indicted in Savannah, Ga, last
December for frauds in connection with
the Savannah River and Cumberland
Sound contracts, which were, 1t Is claim
ed, sanctioned by former Captain Ober-
lin NJ. Carter. u. S. Engineer Corps.
was continued today before Commits
sioner Shields. The first witness called
by the defense was Lieutenanl- Colonel
Alexander Mackenzie, U. S. e., at pres
ent stationed in Washington. While
Lieutenant Colonel Mackenzie was on
the stand MIR. Rose sought to intro
duce as evidence 4 copy of the certif-
cate OF incorporation of the Atlantic
Dredging and Contracting Company,
under the seal OF the State of West
Virginia
The paper was objected to as incom-
petent by Assistant ". S. District At
torney Baldwin. and the objection was
sustained. The certificate was then
marked for Identification.
Next Mr.. Rose asked for certain
documents which were not f6rthcom-
ing.
Lieutenant-Co Colonel Mackenzie being
told to stand aside for a few minutes,
John Is. Mccarthy, Il clerk in the Office
of the chief of u. S. Engineers in Wash
ingto, was called. He was asked to
produce the contracts entered into be-
tween the national government and the
Atlantic Dredging and Contracting
Company. The first paper he produced
was the Savannah contract. The con-
tract bore date OF October S,lS96. The
Cumberland Sound contract Of the
same date was also produced. The con-
tracts appear in the name of Captain
Oberlin Al. Carter as the representa-
tive OF the United States. ON the one
side, and the Atlantic Contracting Com
pany on the other. Other papers bear
ing on the improvements mentioned
were also produced and marked for
Identification. They covered the oper-
ations for the three years ending Octo-
Der, 1899.
Lieut.-Colonel Mackenzie being re-
called identified his signature as acting
chief of United States engineers which
appeared under the word approved"
on the Savannah contract and other
papers. When Mr.. Rose offered the
contract. as evidence, saying that it
was the Identical paper referred to in
the Savannah indictment, alleging con-
spiracy, and was highly important to
his clients. it was objected to by coun-
sci for the Government and the OBJ
lection sustained.
To prove the genuincness OF Captain
Carriers signature on the contract Mr.
Rose took the stand. Mr.. Rose said
that he had seen Captain Garter write
over Il thousand times and that the
writing on the contract was Car
ters.
Assistant District Attorney Baldwin
objected to Mr.. Roses Identification
and said that Carter should be brought
from the Governors Island prison to
prove the signature
Mr.. Kellogg informed the court that
Carter is at present very sick.
Commissioner Shields reserved his de-
cision on the objection.
Mr.. Rose was asked to identify the
signature OF Colonel John r. Gaynor
and William II. Gaynor which also ap-
pear on the contract
The objections raised by the Govern
ment lawyers regarding the latter sig
natures were sustained and the CON
tract was not accepted as competent
evidence.
The same routine was followed with
the other papers produced by witness
Mccarthy, the War Department clerk,
but on the continued objection of Mr..
Baldwin the documents were not ac-
copied.
Adjournment was taken until to-
morrow.