The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-08-11
WEsTC0TT IN GAYNER TRIAL.
The Prosecution Springs Surprise Upon the
Defence.
(By the Associated Press.)

| tinued before United States Commission
| er Shields today.
| Mr.. Kellogg, of counsel for the defend
| ants announced that he had produced as
called upon, a book of the minutes OF
| the meeting of the Atlantic Contracting
| Company for 1891 and 1892.
]. w. o. Sterley, chief clerk of The
| engineers office at Savannah, Ga, the
first witness questioned by United States
District Attorney Erwin Of Georgia, said
he had seen ex-Captain o. M. Carter,
ON August 18th, 1898, at the University
Club in this city and there conferred
with him as to specifications for certain
work to be done at Savannah. He was
cross examined and excused.
The prosecution then srrang sur
prise on counsel for the defendants by
calling to the witness stand Robert I.
Wescott, former Captain Carriers father
in-law During Carlterls court martial
and prior thereto, he claimed that many
Of the bonds and securities in his posses
ION and which he hypCrthecated for
various sums of money had been placed
in his hands by Mr.. WescOtt and also
claimed a power of attorney from his
father in law. During the proceedings
of the Board of Inquiry Mr.. WescCtt went
to Europe.
Mr. kellogg, of Counsel said when Wes-
colt was called:
1--WE were not prepared for this ana
find ourselves much embarra:t 5ed. We
were prepared to cross examine Captain
Gillette, but not Mr.. Westcott."
Mr. Westcott, after being questioned
on preliminary points said Captain Benja-
min d. Greene met him at"the Hoffman
House and handed him a package of
bonds, asking that he take care of them.
Garter told me about the Board OF
Inquiry and that he expected to be ar
rested" said Mr.. Westcctt, "and asked
me if l would receive these bonds from
Greene l demurred. He insisted and l
finally assented. Then Greene met me
at the Hoffman House, October 18th,
1897, and gave me the bonds. l deposited
them in the New York Safety Deposit
Company
The witness said Carter asked him to
go before the Board Of Inquiry and testi-
fly that the large amount of money Cart
er was spending was received from him.
But l told him." said Mr. Westcott,
chat l would not do that-that 1 could
not swear to a lie.''
Mr. Kellogg's objection to answers
made by Westcott precipit2ted person
ahties between counsel, in which West
colt asked for protection Commissioner
Shields assured Westcott he would be
protected as a witness and the examina
ticn was resumed.
1t was then brought out that previous
to the sessions of the Board of Inquiry
both Captain Carter and Benjamin d.
Greene had gone to Mr.. Westcott and
asked him to take the bonds and securi-
ties. This was done, according to coun-
sci fer the prosecution, because it was
known that Carter had money on deposit
that he could not we'll have made from
his salary Consequently Westcott was
asked to become a member of the At
lantic Contracting Company to account
for his having the bonds and securities.
This he refused, but placed the bonds
in safe deposit vault. (Carter's).
Then powers of attorney were shown
from Westcott which gave Carter entire
control of all WeStcott's business affairs.
The bonds and securities that were hand
ed Westcott, to the amount of $3.50 900,
never appeared in the Board of Inquiry
proceedings. Westcott identified the
powers Of attorney given by him to Cart
er, and told in detail of receiving the
$3.50 900 worth of bends and securities
from Carter and Greene. He also identi-
fed number of checks drawn by him
in favor of Benjamin D. Greene, aggre-
eating in amount $4,000. These sums
he paid at the request OF Captain Carter,
who Paid them back in various sums at
different times.
Witness met Captain Carter in New
York in September 1894. by request and
Carter gave him $4,000 to take care of
until Carter returned from Georgia. 1t
WAS also brought cut that different men
in Savannah have loans of large amounts,
the money for which purported to come
from Mr.. Westcctt Mr.. 'Westcctt knew
nothing about these. Checks for the
amounts of three of these loans were
put in evidence today as follows:
Bierne Gordon, SO 900; to John Lyons
$4,000, and to Matthew Cunningham
| 100000
The contention of the prosecution in
| this matter is that money advanced on
| the loans was not Westcotts, but belong
ed to Captain Carter.
Testimony was also given relative tc
| a partnership existing between West
colt and Captain Carter four years ago
in which both had built residence houses
| in Orange, n j., and the prosecution
contends that half the money for these
contracts belonged to Captain Carter.
| After recess Captain c. e. Gillette whC
succeeded Captain Carter in the United
States Engineers office in Savannah, was
called to the stand and subjected to Z
cross examination by Mr.. Kellogg for the
| defense
An attempt was made to shake Captain
Gillette's testimony as an expert, since
he had previously testified that the worl
in many cases under the GaynCr- Greene
contracts was not what it should have
| been.
Arthur S. Cooper, former Government
engineer, who had been employed b!
i Captain Carter as an inspector on tht
work done at Savannah harbor was call
ed for cross examination. His abilit,
and competency were questioned by Mr.
Kellogg. In reply to questions he STATED
that during the time he was employed al
inspector he was sent to the works yer!
seldom, not to exceed half dozen times
he said, when pressed for an answer.
When Mr.. Cooper's testimony had beer
| Oh;