The Savannah morning news., 1901-01-13
MUST STAND TRIAL
.vEENE AND GAYNoRs HAVE
REACHED END OF TETHER.
NEW FACTS AND FIGURES.
.wN FROM PRINTED BRIEF OF
DISTRICT ATTORNEY.

racfA. New DeOucth0nss view Illus
..ot;ons in This Now Celebrated
cose-Commissioner Shields Will
Docide shOrtIy-Carter's Varying
,ncomes and Varied Expenditures.
Blow at KellOg & Rose, His At
torneys.
r,sica+ions point to the conclusion that
psniamin D. Greene, John F., Edward H.
and William T. Gaynor, in their efforts
- escape trial before the District Court
- me United States for the high crimes
and nlisdemeanors with which they are
cbarged, have just about reached the end
Of their tether.
irrespective of the ultimate question Of
their guilt or innocence of the offenses
,hsrged in the indictment, it has become
ornarent they must answer these charges
in the court in which the indictment was
t,und The policy of obstruction and de-
Low they have so long pursued cannot
much longer avail them.
The decision of Commissioner John A.
s1alds on the motion for the removal
ri these defendants for trial here, is al
most daily expected, and it is not antici-
Dsted that it can be anything but favora-
bA IN the contentious of the governments
ottornevs At the first hearing the COM
missioner ordered the removal of the de-
fondants upon the submission and proof
of the Indictment; he cannot now do less,
when the evidence to show at least prob
able cause of the guilt of the accused has
been presented in such direct form and
in such Overwhelming abundance. Nor is
n expected, when the motion for an Or
der of removal is made to Judge Brown,
that he can or will do less than remand
the defendants for trial before the Dis
trict Court of the United States for the
Southern District of Georgia
Within the last ten days United States
Attorney Marion Erwin, who conducted
the case for the government at the hear
ing before the commissioner, has filed his
brief It is a voluminouS document, COW
ering 373 printed pages, and it gives
forceful and logical analysis of the posi-
lion of the government and of the evil
dence adduced to sustain this position.
It contains, too, extracts from the evil
dence that are of compelling interest, some
Of which have never appeared in the
newspapers. 1t is such a statement of
his case as those who know the careful
fidelity and minute attention to detail
that characterize the districts attorneys
conduct of legal proceedings would have
expected.
The brief traces the history of the
corrupt conspiracy between Carter,
Greene and the Gaynors from its incipi-
ency, in the early part OF 1891, clear
through to 1900, when it was still being
in part pursued.
Carter, Greene and GaynOr.
Mr.. Erwin begins by tracing the growth
the intimacy and mutual association in
private transactions between Carter,
Greene and John Gaynor, prior to 1891. He
shows that Greene was frequently in the
habit of lending Carter money, that the
three alleged arch conspirators were en-
gagged in various contracting operations
together, that they had many schemes de-
Vsed for the common profit of them all,
and that they were upon terms of the
closest business and personal friendship
and intimacy.
He carries the examination of the evil
dence through those disclosures Of essen
tial facts made at the court-martial, show
Ing that the conspirators were the sue
cessful bidders for all but one OF the con-
tracts made after 1891, either in person
or through some other person in their
confidence or employ, and that in every
case, with the one exception noted, they
actually did the work and received the
money. He shows how competition was
Sti1ed, through ambiguous phrases in the
specifications and other devices, and how
the price of material was steadily adj
Fsnced and how its quality steadily suf-
tcred. He shows how the government was
made to pay greatly inflated prices for
greatly inferior construc tion.- He shows
now the spells of the conspiracy were d.
vlded among the three principals and
What Garter did with his share of the
money. The general outlines and most
OF the details of these portions of the
evidence are familiar to those who have
followed the constantly startling develop
ments of this celebrated case.
There are in the brief, however, ex-
tracts from the evidence that have never
been accurately printed. legitimate and
torceful deductions from the evidence
mat have never been made and conclu-
Sions, some of them sensational indeed, |
yet bearing the imprimatur of logical
analysis, which Mr. Erwin ventures now
Tor the first time There are. too, such
personal accounts of the exploits of the
brilliant and accomplished-too accom-
plshed-Carter, as are of interest In
able evidence of his guilt.
Mr. Erwin demonstrates with mathe-
matcal certainty that whatever else may
ne said of the conspiracy and its execu- |
Hon, 1t was not Improbable, and, from
the conspirators' own account books and |
record of expenses, he shows just how
much the Atlantic Contracting Company |
made on some of the work done.
The Separate Bank Accounts.
The contract of Oct. s, 1896, which pro-
vded for an expenditure of $350,0OO, is |
case reasonably well in point. Mr.. Erwin |
SHOWS that the fund for all expenditures |
on that work was kept in the Southern |
sank, IN two accounts, one in the name |
OF p. II. Gaynor, treasurer, and the other |
IN The name of William r. Gaynor. The |
expenditures referred to included the pay |
menis to merchants in Savannah for sup |
PIes bought, for labor at the brush camps. |
'oI forage for teams, for brush bought |
"Heetly from the laborers, towage, when /
V'ner boats than their own were used and. |
indeed, for the entire cost of the work |
under the contract.
ne total amount checked out of the |
~ Sou'hern Bank on the account of Il. II. |
N@|hor. treasurer. and William T.. Gay |
I'oI' from Oct. 10, 1896. the date of the |
UpenIng of the accounts, TO June 80 1897, |
ii"VIusiVe. is shown to be $50 S59 90. From |
. uAe TO- 1897 to Feb. II, 1898, upon which |
."''er date the accounts were closed |
..r re was drawn out OF the bank $3f. 953.97. !
..S makes a total of $97, SIP 49,
81 'lr Erwin showed. however, that OF |
y, A9 money some four or five thousand !
''"drs was sent to Cumberland sound. I'm