The Savannah morning news., 1900-07-06
WANT TO SEE THE LEDGERS.
SAVANNAH DANK CLERKS sUBPOE-
NAED IN GREENE-GAYNOR CASE.

NAED IN EXPERIMENTATION CASE.
Personal Ledger BoOkkeepers of
the Southern Bank. the Merchants
National Bnni< and the Savannah
Bank and Trust Company Ordered
to Appear Before Commissioner
Shields on July IL and Bring Their
Books with Them-f1Vidence They
Are Expected 10 Give the Result
of Investigations by Bank Exami-
ners Johnson ana Moxey-CicriSs
May Not Go.
The fact that United States Attorney
Erwin intends to comply fully with the
/ requirement OF Judge Brown. that upon
an application for a warrant Of removal
probable cause Of guilt must be shown,
in application made by him for the re-
moval Of Greene and the Gaynors to sa-
vannah, found additional confirmation yes
terday.
The confirmation came in the shape of
subpoenas duces tecum. addressed to the
/ personal ledger bookkeepers of three Sa-
vannah banks. directing them to appear
before Commissioner Shields, in New
York. on July Il, bringing with them the
personal ledgers showing the state of the
accounts of Benjamin D. Greene. John F.,
1 Edward H. and William T. Gaynor. o.
NJ Garter and the Atlantic Contractins
Company, during the time when the in
4 dividuais named are charged with havius
carried on the celebrated conspiracy to
defraud the government.
Those to whom subpcenas duees tecum
are directed and upon whom they We're
served by Deputy Marshal White are Da-
vid X. Catherwood. John Morris and John
/ O'Gorman. personal ledger bookHeeper of
the Southern Bank. the Merchants Ma
/ tional Bank and the Savannah Bank and
. Trust Company. The form of subpoena
used, indicated by the Latin term used
above, is that the law directs shall be
used when the prospective witnesses are
required TO bring with them books and
| documents
The subpoenas served upon the personal
! ledger bookkeopers Of the three banks are
the outcome OF the Investigations recent
! ly made by Bank Examiners Johnson and
/ Moxey who also worked up much of the
/ evidence against the alleged conspira tors,
/ in reference to their divisions OF the
HpCiiS liI1At dt val tyuS tAlilTS III New I Dl X
/ II is understood that the evidence which
/ Messrs. Catherwood, Norris and O'Gormau
/ are expected 10 give is along the same
/ line and has reference to other alleged
/ divisions said to hove been made in Sa-
vannah.
1t is believed that it can be shown by
! the evidence OF these witnesses that i'm
mediately after payments made to the
4 Atlantic Contracting Company, on ac-
] count of work done on 10 tsrpfraare r.-ftl,
/ the government held by il for the i'm
/ provement of the harbor Of Savannah and
/ Cumberland sound the bank accounts Of
/ Capt Garter would be increased by
amounts proportional to his supposed
/ share Of the profits of the contract
There is some doubt about the personal
/ ledger bookkeepers being permitted by the
/ officers of the banks to make the trip %
/ New York, in compliance with the sum
mons. There is a question Of jurisdic-
ton involved, the question being the right
| of a United States commissioner to sub
poena before him persons residing with
out his district and state and compelling
their appearance TO give evidence. Tn
less. upon Investigation and report by
their counsel, the banks should determine
that their bookkeepers will have to obey
the subpoenas there is some doubt about
their being allowed to obey them.
1t is a question of business convenience.
To have the personal ledgers carried away
from the banks ana kept in New York
| during the weary weeks to which these
/ examinations have been spun out in the
past, would subject the banks to consider
able annoyance and inconvenience and in
terfere somewhat seriously with the
transaction of their business. To this an
1 noyance, Inconvenience and interference
with business the banks do not wish to be
| subjected unless there is no legal way out
of it.
1t is not question of unwiningness to
assist the government in the Investigation
! of this celebrated case that w.thho.ds the
| banks consent to their employees ac-
| quiescence in the commands of the sub
poenas The banks are anxious that any
! information they are in a position TO give
| shall be placed a. the governments dispo-
sal; they only shring from the long-con.
| unued inconvenience they would have TO
| suffer were their personal ledgers and per-
| sonal ledger bookl1eepers removed 10 New
York and kept there Indefinitely.
1t is probable that the couns for the
| banks will reach a dec sion and hat her
/ will be a conference to-day. 1t may be
that the decision will be that the hook
| keepers will have to go If it IS not. the
| bank officials seem to have come to the
| conclusion that they will keep their book
| keepers at hcme and leave the district
dtAOii4tS ~ ucNlSC SOilt bAiltI NE ans Oh
| securing the evidence he desires to place
before the commissioner
Judge Browns decision, in which he re
fused the last applca ion for a warrant
| of removal. contained the statems MT that
an indicime found had only the weight
of an affidavit. This ems to warrant the
conclusion that according to the New
| York procedure in these matters affiea-
Wits are admissible in evidence. If this
I,o & "a 4 l,.fsf
and the law, il may contain in it the So
luton of the problem. The bank clerks
/ might make affidavit here to the facts
within their knowledge and these coIld
lie sent on to New York. and used at the
hearing before the commissioner This
would satisfy the requirements of the dis
| trict attorney as 10 the introduction Of
the evidence. and at the same time re-
lieve the banks Of the annoyance ard in
| convenience to which they won be sub
1ected by the enforc and long continued
absence of their bookkee9ers and books.