The morning news. [volume] (Savannah, Ga.) 1887-1900, 1900-04-04


Bringing Defendants Here-A Fail
ure of Justice May ResuIt-COpies
of Presentinent to BE Sent to Presi-
dent, Attorney General and Geor-
GiR's Senators and Representatives
in Congress and an Investigation
May Result.
The calm that has been the principal
characteristic of that segment of the
Greene-Gaynor-C conspiracy for
which the defendants have been indicted
in the United States District Court broke
yesterday into the storm it has been said
and thought to precede.
The grand jury in the United States
| Court made a special presentment to
! Judge Speer in which the delays that
| have accompanied every step in the pro-
/ ceeding TO have the conspira tors now in
! New York brought to Savannah, are visit
| ed with the most sweeping condemnation,
and the fear is expressed that they win
result in total failure of justice.
The grand jury recites the injustice that
has been done the people Of Savannah, in
permitting the escape without trial, of
men charged with embezzling millions of
dollars intended and appropriated for the
improvement of the harbor of the city,
and asks that copies Of the special pre-
sentiment be sent to the senators and rep
| resentatives ia Georgia from this state
for their appropriate action.
The jury filed into tn re court 70 m short
ly before 1 O'Clock and after three indict-
ments of relatively small importance had
been returned, Foreman John ]. McDon-
ough announced that The jury had special
presentments that he desired leave to
read TO the court. There We're but few
spectators in the court room at the time
but these prcked up their ears at this
announcement of the foreman, became in
terested listeners at once, grew v.sibly ex-
cited as the reading proce sded and at the
end expressed their concurrence with and
approval of the pIeseutments of the grand
jury with many a ned and beck and
Wieathed smile.
Amid sober quiet, fitted to the gravity
of the yelled accusations of the present
ments, Mr.. McDonough read them to the
court as follows:
That at the last November, 1899, term
of this court, on Dec. 8. 1899, the grand
jurors of the United States for this divis-
ion and district returned into court a
true bill OF indictment against Benjamin
d. Greene. Edward II. Gaynor, John f.
Gaynor, William T. Gaynor aud Others
contractors, charged with conspiracy with
Oberlin NJ. Carter, engineer officer in
charge of river and harbor improvements
In this district, through which 1t is charg-
ed the government has been defrauded to
the amount of several million dollars of
the moneys appropriated by Congress for
the improvement of the harbors of Savan-
nah. Brunswick and Cumberland sound.
IT further appears from documents of
file and examined by this body, that the
United States district attorney for this
district promptly caused to be transmit
ted to the United States attorney in New
York duly certified copy of said indict-
ment, and that on Dec IA, 1899 the defend
ants, Benjamin d. Greene, John F.. Gay
nor, William T. Gaynor and Edward H
Gaynor, were arrested under section 1914
Revised Statutes, by the United states
marshal of the Southern district of New
YORK, under proceedings taken by the dis
trict attorney for the Southern district OF
New York, before Commissioner John A.
Shields, based on said indictment. The
disposition of such matters, by requiring
the defendants to give bail for appearance
at the court where the Indictment has
been found, or by warrant of removal
where bail is not given. has
generally been, as this body is advised a
matter simply Of identifying the defend
ants as the persons indict ed and exam
lining into the legal sufficiency of the in
dictmept usually taking but a day or
two at most This body is informed how
ever that the proceedings in New York
in this matter have been dragging along
now for over three months and half.
The commissioner holding his finding uD
two months, and since his decision the
matter of issuing the warrant of removal
having been pending before the district
judge there for over six weeks, with no
decision thereon. In the meantime the
defendants are enlarged on bond there. in
the sums of S20C coo and $4,000 ONLY re-
SnRctiVplV while ~ lie etc tad hot
full estimate made by the engineer officer
now in charge of the district indicates
that the defendants obtained illegally dur
ing the years from 1891 to 1887 sums aggre-
eating 81, 532.676.
''If the Indictment be valid there should
have been a prompt removal No court
has held the indictment defective. If
! defective, as il is stated, the defendants
| claim in opposition to the proceedings
| for removal, there would seem to be over
whelming reasons why there should have
! been prompt action on the part of the
courts. II appears upon the face of the
| indictment that against all the acts charg-
| ed in the Indictment the statute OF limi-
! tations will have run within three months
| from this date and has already run on
! some of the acts charged. If defective
| in form a prompt decision would have
enabled another grand jury TO make a
new presentment. But with the delays
| already had, three months and half on
| the simple proceedings before the commits
! sioner and judge under section 1914 Re
| vised Statutes, and with probable appli-
| cations for habeas corpus, 1t is probable
that if the courts finally conclude the
present indictment is defective. that the
statute of limitations will have run,
and the parties charged by
grand jury of the United States
with the most gigantic fraud of the
century against the government will os-
cape even arraignment before the bar of
! justice. II is a matter of public notorie'y
that since these proceedings were irstitu'-
ed in New York, a defendant indicted in
a state court in Georgia for emhezzling
some $20,0C0 was arrested in the jurisdic-
ton of the Sultan Of Morocco and extra
dited across the Atlantic ocean, while all
tire power of the United States govern
ment, wkh the best efforts of the Attorney
General 'and his subordinates, seems I'M
able 10 bring defendants from the state of
New York TO Georgia for trial in its own
courts
Whatever be the action which may now
or hereafter be taken by the courts in this