The age-herald., 1900-01-04
SAVANNAH RIVER
 CASES ON TRIAL
The Men Charged With Defraud- ing Government Arraigned
 Before Commissioner

New York, January s.-The examination of Benj D. Greene, John F. Gaynor, Will | jam T. Gaynor and Edward H. Gaynor, in- dicted on charge of defrauding the United | States government out of $575,750, in connee- ton with the Savannah river and Cumber- land sound improvements, was begun to- | day before United States Commissioner | Shields. Just prior to the opening of the | session the mysterious woman who had | made charges against John F. Gaynor at the last session. appeared in the corridors of the building and renewed her charges against him. MT. Gaynor, who was pres ent, said he did not know the woman.
 Cassius M. Gillette, of the United States engineer corps, was first placed on the stand for cross-examination by Lawyer Abram J. Rose, of counsel for the contrac- tors.
 MT. Rose questioned Captain Gillette with reference to his Identification of each of the defendants and then asked for the pro duction of the original contract between the United States government and the &C., cused contractors.
 Commissioner Shields ruled that counsel for the occused contractors would have to introduce his copy of the contract if he wanted the paper as evidence.
 MT. Rose then went into minute exam ination of his witness to his personal knowledge of the opening of the bids for the contracts; of the presentation of the claims the contract; of certain cheeks said to be believed issued by Captain O. M. Carter, the engineer in charge prior to July 26 1897, etc. United States District Attorney Burnett objected, saying that the only points to be determined at the exam nation were the Identification of the ac- cused and if there was probable cause on which to hold the men. Mr. Rose said he was endeavoring to prove that the indict- ment was untrue
 Commissioner Shields said that the only questions to be decided, as he under stood the law, were identity and probable causes. Notwithstanding th.s ruling, Mr. Rose continued to question Captain Gil- | lette as to the duties of district engineers. This was objected to by Mr. Burnett.
 MT. Rose explained that he was endeav- bring to prove that the district engineer | has really no power to make contracts and simply acts as the clerk and under | the direct orders of the engineer.
 MT. Rose continued his examination of | Captain Gillette but his questions were objected to- and Commissioner Shields ruled that they need not be answered. as they were immaterial and irrelevant.
 Demand Original Contract
 MT Rose made formal demand for the original contracts for the Improvements of Savannah and Cumberland sound The demand was refused because there was no | evidence to show that they are in this dis | trict.
 tMr. Rose then asked for an adjourn l ment so that he could get the papers in a legal way. This was objected to by Gen. eral Burnett, who said he wanted the ex- animation finished without delay.
 United District Attorney Erwin then asked the witness if he had amy knowl- edge of the connection of the defendants with the Savannah work after July 20, 1Ss7
 MT. Rose objected, saying that the indict- ment alleged offenses committed prior to that date.
 Commissioner Shields allowed the question to strengthen the Identification of the con- tractors
 "Yes,' answered Captain Gillette, "I have official communications from them and I have paid Greene money on these con- tracts. I have had verbal and official con- tracts with the Gaynors. The money was paid for work alleged to have been done during the month of July, before and after July 20, 1897. I gave the check to Greene on or about August l, 1897. It was for about $3oO0o l was inclined to keep back some of the money at the time'
 This ended Captain Gillette's examination, and then Assistant United States District Attorney Baldwin introduced the bail bonds ] as additional evidence toward proving the identity of the accused contractors.
 Commissioner Shields allowed the papers in evidence and the government then rested the case. The examination was adjourned until tomorrow, when the defense will pre- sent its case.
 Relief in Six Hours