The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-08-11
GAYNOR BEING TRIED0
GENERAL WITNESSES WE'RE EX-
AHMED BEFORE THE COURT

NEW YORK, Aug. 10.-Irhe hearing in
the proceedings to secure the removal OK
John F. Gaynor, w. t. Gaynor and Ben
jarnin d. Greene, accused OF conspiracy
to defraud the government, to the Jurls-
diction of the Geo y "a courts, was contin-
ued before United States Commissioners
Shields today. Mr.. Kellogg, OF council
for the defendants, announced that he
had produced as called upon, book OF
the minutes OF the meeting of the At
lantic contracting company, for 1881 and
1892
j. w o. Sterly, chief clerk Of the enc
gineers Office at Savannah, the first Wit
ness questioned by District Attorney
burnett, said he had seen ex-Capt. o. M.
Carter, on Aug. IS, 1899, 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
crosse examined and excused.
The prosecution then sprang decided
surprise on couhse1 for the defendants
by calling to the witness stand Robert
T. Westcott former Capt. Oberln, III.
Carriers father-in-law. During Carriers
court martial and prior thereto he claim
ed that many Of the bonds and securities
in his possession and which he hypothe-
Gated for various sums Of money, had
been placed In his hands by Mr. Westcott,
and also a power Of attorney from his
Id lucI-lH-idW. IhlAH6 AAlG pAOSSCNliAoO -
the board of inquiry Mr.. Westcott went
to Europe.
Mr.. Kellogg, Of counsel, said when
Westcott was called:
1--WE were not prepared for this. and
find ourselves much embarrassed. We
were prepared to cross-examine Capt.
Gillett, but not Mr.. Westcott"
Mr.. Westcott, after being questioned
on preliminary points, said Capt. Benz
jamin Is. 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 in-
quiry, and that he expected to be arr
rested" said Mr.. Westcott, "and asked
me if 1 would receive these bonds from
Greene. L demurred. He insisted, and
] finally assented. Then Greene met mo
at the Hoffman house, Oct. II, 1897, and
gave me the bonds. 1 deposited them In
the New York Safety Deposit company.
The witness said Carter asked him to go
before the board of inquiry and testify
that the large amounts of money Carter
was spending were received from him.
But I told him." said Mr.. Westcott,
that / could not do that-that / could
not swear to a lle."
Powers of attorney were shown Vest
colt, which gave Carter entire control
of all of Westcott's business affairs Tho
colt to the amount OF $4,000 never ap-
peared in the board of inquiry proceed
ings. Westcott identified the powers Of
attorney given by him to Carter, and
told in detail Of receiving the $4,000
worth Of bonds and securities from Car.
ter and Greene. He also Identified O
number Of checks drawn by him In favor
Of BENJAMIN D. Greene, aggregating IN
sums to the amount of $4,000 These
sums he paid at tho request of Capt
Carter, who paid them back In varioua
sums at different times.
Testimony was also given relative To
partnership existing between Mr.. West.
colt and Capt. CARTER. four years ago.
In which both had built residence houses
in Orange, n. j., and the prosecut,w1
contends that half Of the money for the
contracts belonged to Capt. Carter.
After recess Capt. c.. g. Gillette. WIN
succeeded Capt. Carter in the United
States engineers office in Savannah. was
called to the stand and subjected TO q
cross-examination by Mr.. Kellogg for
the defense. An attempt was made IA
shake Capt Gillette's testimony as On
expert since he had previously testified
mat the work in many cases under Gay.
nor-Greene contracts was not what Il
should have been. The court then ad.
journed.