The times. [volume] (Washington [D.C.]) 1897-1901, 1900-08-11


NEW YORK, Aug. 10.-sThe legal con-
test over the removal OF Benjamin d.
Greene and the Gaynors to Georgia, where
they are under indictment by a Federal
grand jury for conspiracy to deiraud the
Government on harbor improvement con-
tracts, was continued this morning before
Commissioner Shields.
Certain minutes of the meetings of the
Atlantic Contracting Company were pro-
duced by the defence. and put in evidence,
having been called for by District Ator-
ney Erwin, who is conducting the case for
the Government. The cross-examInatlol OF
J. W. NJ. Sterly. chief clerk of tie United
States engineers office at Savannah, was
concluded by Abram ]. Rose.
Mr.. Erwin sprung a surprise upon the
defence BY calling TO the stand Robert F.
Westcott. Of Westcott's Express Company
Carriers father-in-law. L. Latin Kellogg.
the counsel for the defence. demurred at
this. contending that he had had no inti-
nation that Mr.. Westcott would appear
for the Government, and was not prepared
for such a turn OF events. The District
Attorney insisted, and Mr.. Westcott took
the stand.
This is the first time that Mr.. Wesycott
has appeared in any of the proceedings
connected with the Carter or Gaynor trials.
District Attorney Erwin began by asking
Mr. Westcott about the bonds and seeuri-
ties which have figured so largely n the
case. MIR. Westcott testified that Garter
came to him a few days after his tCar-
ter's) return from Europe In August, 1897.
Carter told him that he expected 20 be
arrested in connection with some trouble
that had arisen over the Southern harbor
improvement contracts and asked him If
he would take charge of certain bonds and
papers for him in the event OF his arrest.
Westcott agreed to take the securities, and
later Carter brought them around to blm.
Carter and Westcott went together to the
New York Safety Deposit Vaults. 4: li2
Broadway. where the papers were deros-
tied in Mr.. Westcott's private box.
Later on, after the Board of Enquiry be-
gan its session, Carter azked his flther-in =
law, according TO the latter's testimony. TO
go before the board and testify that all the
money he had spent had been received
from the witness. This request M. West
colt refused.
A few months later Mr.. Westcott test led
he went TO Europe. but before going handed
the bonds over to Carter again. Carter
gave bin a receipt for them. 1t was thia
receipt that was presented BY the GefeIcs
at the court-martial In an attempt to prove
that Carter got his funds from Westco-t.
Westcott's testimony as to the previous
transactions by which he obtained the Sc
curities explained away any such supposi-
ton.
Mr. Kellogg objected SO continually ard
so streEuously TO Mr.. Westcott's testimony
that the latter finally said:
Il really don't know how TO answer these
question | don't know how much I have
a right to say. / cannot protect myself
The various counsel INDUCED in a
wrangle.
Quiet was finally restored, and Mr.. VEST
colt resumed his testimony. He told OF
having given Carter a power Of attorney
before going to Europe. At the court-mar-
tial the defence made a great deal OF this
power of attorney eogtepding that its use
by Carter in numerous bond and real estate
transactions showed that such transactions
were made for Westcett.} This Mr.. West
colt denied upon the stand today.
Checks were shown the witness -o9-e-
senting loans made by Carter to varjoe:3
personSl friends of his in Savannah. ia.
Westcott said that he had never seen or
beard of them before teday.I
Mr.. Westcotts testimony furthe- brought
out the facts concerning numerous transac
lions entered into by Carter. either aloLe
or with him. all OF which went to show that
Carter had considerable money from some
other source than his father-in-'aN.