The morning news. [volume] (Savannah, Ga.) 1887-1900, 1900-01-18
ROSE PUTTING IN DOCUMENTS.
HE IS TRYING To PROVE THERE
WAS NO CONSPIRACY.

Attorney Erwin Held the Documents
We're Not Material to the Investi-
ratinn-Witnesses Put on the Stand
10 Prove Signatures of Contracts
and other Papers-Attorneys for
Defendants VIII Question the Le-
rallty of the Grand Jury.
New York, Jan. 1.-THE hearing before
Commissioner Shields In the matter of the
removal Of the indicted members of the
Atlantic Contracting Company to Savan-
nah for trial, was resumed to-day.
Lieut. Col. Alexander Mackenzie, United
States Engineers, was recalled to identify
Gen. William P. Craighilrs Signature on
paDsrs relating to the contract. The gov
ernment conceded that 1t was the auto
graph Of Gen. Craighill, who was a d.
vision chief of United States Engineers.
PAPER after paper from files of the war
department bearing on the Savannah river
and Cumberland sound improvement was
shown 10 Lieut.. Col Mackenzie so that
he could identify the signatures of chiefs
and clerks and swear to the different in
graphs the witness recognized, and there
were others which he said he did not
know
j. W Peacock was called to Identify his
Signature as a subscribing witness to the
Savannah river and Cumberland sound
contract between the Atlantic Contract
ing Company and Capt Carter, as the
representative Of the United States gov
ernment. The witness also identified the
signatures of John F. Gaynor and Will
liam I Gaynor, which also appear on the
papers. Peacock said they were made in
his presence, but he could not swear as
the day, month or year.
Not Material Evidence.
Anited States District Attorney Erwin
Savannah opposed the further introduce
N of the war department records into
e case by Mr. Rose in behalf Of the con-
ractoCs. and said that the defense had
not in any way oontradicted the allega-
tons contained in the indictment, and that
the documents were really not material
in the examination proceedings.
Mr. Rose answered that the papers
which he offered were the ones referred
to the indictment and they proved that
Carter and the contractors had not en-
tered INTO a conspiracy and that the con-
tract was awarded to the Atlantic Con-
u5ottss Company after competitive bid
ding, and the Endorsement of the bills and
papers, made by others than Capt. Carter
stated that the WORK had been performed
according to the provisions Of the agree
menL
Legality of Grand Jury.
il Is understood that when all the docu-
mentary proof has been offered by the de-
tense, Mr.. Rose will attack the legality
Of the grand jury which found the in
ulaiments against the contractors and
capt Carter Mr.. Rose holds that the
manner in which the grand jury was Sc
leoled was not in accordance with the
federal statutes. and, therefore. not legal.
Lieut. Col. Mackenzie, recalled. was in
terrogated as to the regulations govern
ing river and harbor Improvements, and
tnen he was asked specially about the
proposed specifications for the Cumber-
ana sound improvements which were in
oorsed by the witness in June, 1896.
lie said that the papers sent and sign
ed by Capt. Carter concerning that work
reached him through Col. Peter Haines,
VINO was in charge Of the southeastern
division.
The examination will be continued to-
morrow.