The Savannah morning news. (Savannah, Ga.) 1900-current, 1900-10-18
JURY ILLEGALLY CHOSEN.
Greene and the GRynors' Defense
sought TO show Thls-narues
and Erwin Testified.

New York, Oct. i7.-The hearing In the
proceedings 10 secure the removal OF J..
T., W. T. and + H. Gayuor and b D.
Greene 10 the jurisdiction OF the United
States Court in Georgia. on a charge OF
conspiracy 20 defraud the government.
was continued before United States Com
missioner Shields to-day.
The contamination OF John NJ.
Barnes. United States marshal OF the
Southern district OF Georgia. was con-
t!nued by counsel for the defendant. who
asked ag 10 the possession by witness OF
the jury box and the key. from which
the grand jury was drawn. Nov. p ls99
The witness sad. as marshal. he retained
the key. and sbe box was In charge Of
the clerk OF the court where the jury
was drawn.
The object Of the question was 10 show
that the jury was Illegally chosen. The
witness, In reply 10 direct question. said
he had never given up the key OF the
jury box TO the commissioner Of jurors
or the clerk Of the court.
The next witness. Leon 81 Erwin dep
uty clerk Of the United States District
Court az Macon. testified that he received
the jury box from Savannah. from which
the grand jury was drawn. by express on
or about Nov. %. 1892 a day or TWO before
the grand jury which found the indict-
ment was .mpanelei.
Witness said there had been no examlna-
ton OF the coutents of the box after IL
had been Received by MIN.
The district attorney offered In evidence
a certified COPY of an order made by the
district court Judge when the jury was
about 70 be drawn ou Nov. q showing
that II should be drawn from counties
other than Chatham and Glynn. In order
TO secure an impartial trial as a court
martial had been hcld FOR months In Sa-
vanuah. and the people there were more
OF less familiar with the case
nees Testified for Carter.
Capt Thomas NJ Rces. United States
engineer corps. who served under Cant
Carter in the Savannah district from 1859
TO April. is93 NJ present stationed at
Tampa Was the next witness. lie said
he had charge OF certain work
on the Savannah river and described the
construction OF various RIVER and harhor
work lie said he was present when bids
we're opened IN iss2 Tor a oontrnchawaried
70 Greene ana Gaynor. There was no ia
yoritism shown The bids were opened
publicly and "a the time advertised. lie
could not remember of an instance where
Capt. Carter had given Information = a
bidder regarding "a contract during the
time he was IN charge. The work was
well and. properly done. The witness said
he worked under orders from Capt Car
ter. lie never saw any mats put IN sa-
vannah harbor under Capt Carters con-
tracts after April ]. 1885
The district attorney offered IN evidence
a letter from Capt Carter 20 the witness
in which the former wrote. "the specisica-
tons are elastic" Capt. Rees said his
personal Instructions from Capt Carter
we're to see that the work was well and
properly done.
Counsel got into an argument at this
point. and the prosecution declared that
there had been an agreement between
copt Carter and the contractors 20 divide
the contracts from 1891 70 1897. when II
was attempted to be renewed. The prose-
cution declared that Capt Carter was 10
receive onc-third OF the profits.
Adjournment was then taken until to-
morrow.