The morning news. [volume] (Savannah, Ga.) 1887-1900, 1900-01-17
ROSE GOING INTO DETAILS.
BEGINs'EvIDENCE IN DEFENSE OF
GREENE AND GAYNoR.

Contracts Mentioned In the Indict-
ment introduced, and shown to
Have Been ApprOved-As Evidence.
However. the Contract Was Ruled
Out-Carter's Signature Identified
by ROse-RepOrt That Carter Is
Very Sick.
New York, Jan. 16.-The examination in
the proceedings instituted in this city
against Col. J. F. Gaynor, E. II. Gaynor,
w. T. Gaynor and Capt. b. D. Greene
indicted in Savannah, Ca. last December
for frauds in connection with the Savan-
nah river and Cumberland sound contracts,
which were, it is claimed sanctioned by
former Captain Oberlin M. Carter, United
States Engineer Corps, was continued to-
day before Commissioner Shields.
The first witness called by the defense
was Lieut.. Col. Alexander Mackenzie, U.
S. E., at present stationed in Washing
ton. While Lieut.. Col. Mackenzie was on
the stand Mr.. Rose sought to introduce
as evidence a copy of the certificate of
incorporation of the Atlantic Contracting
Company, under the seal of the state of
West Virginia.
The paper was objected TO as incompe-
tent by Assistant United States District
Attorney Baldwin. and the objection was
sustained. The certificate was then mark
ed for Identification.
Introduced the Contracts.
Next Mr.. Rose asked for certain docu-
ments, which We're not forthcoming. Lieut.
~
for a few minutes, John B. Mccarthy, a
clerk in the Office of the chief of United
States Engineers In Washington, was call
ed. He asked to produce the con-
tracts entered into between the national
government and the Atlantic Dredging and
Contracting Company. The first paper he
produced was the Savannah contract. The
contract bore date of Oct. s, 1896 The
Cumberland sound contract of the same
date was also produced. The contracts ap-
pear in the name of Capt. Oberlin NJ.
Carter as the representative of the United
States on the one side, and the Atlantic
Contracting Company on the other. 9th
er papers bearing on the Improvements
mentioned were also produced and marked
for identification. They covered the OPP
erations for the three years ending Octo-
Der, 1899
Lieut. Col. Mackenzie, being recalled.
identified his signature as acting chief of
United States Engineers, which appeared
under the word Approved" on the Sa-
vannah contract and other papers. When
MT. Rose offered the contract as evidence
saving that it was the identical paper
referred 10 in the Savannah indictment
alleging conspiracy, and was highly inn
portant to his clients, it was objected TO
by counsel for the government, and the
objection was sustained.
Proving Carter's Signature.
To prove the genuineness of Capt Car
ter's signature on the contract, Mr.. Rose
took the stand. MIR. Rose said he had
seen Capt. Garter write over a thous-
and times and that the writing on the
contract was Carter's.
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
Garter is at present very sick
Commissioner Shields reserved his de-
cision on the objection.
Mr. Rose was asked to identify the
signature of Col. John +. Gaynor and
William T. Gaynor, which also appear on
the contracts.
The objections raised by the govern
ment lawyers regarding the latter sigma
lures were sustained and the contract
was not accepted as competent evidence
The same routine was followed with the
other papers produced by Witness Nc
Carthy, the war department clerk, but
on the continued objection of Mr.. Bald
win the documents were' not accepted.
Adjournment was taken until to-mor-
row.