New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1901-05-16
DECIDES AGAINST THE G4YNORs.
JUDGE BROWN UPHOLDS COMMISSIONER
SHIELDS-SAYS DEFENDANTS SHOULD
GO TO SAVANNAH FOR TRIAL

Judge Addison Brown, In the United States Dis
trict Court, yesterday handed down an order hold
ing that Captain Benjamin d. Greene and John F.,
William T. and Edward Fl. Gaynor, under tndict-
ment in Savannah. Ga, by The Federal Grand
Jury. on charges Of conspiracy with Obertn "
Carter to defraud the government IN the construc-
ton Of improvements Of Southern harbors. should
be removed TO Savannah for trial on the indict-
ment.
The Judge. in his order, says in part:
The commitment by the COMMISSIONS and his
finding OF probable cause have been made after an
extremely full hearing Of all the evidence on ooth
ected. The proof of the charges in THIS case does
not consist OF any direct anu CERTAIN .g Inn -
course Of dealing from which it is claimed that
unlawful intent 70 defraud the government must
reasonably be inferred.
As respects the finding of probable cause, I have
carefully considered the very extended oFlelS anu
arguments Of counsel and have examines tng
whether there was competent evidence before the
probable cause. The defendants have given great
deal Of evidence tending 10 show that their con,
henosts . aGhe a1 ~ single 5oIIsr The govern
Inen+ on rbe other hand has given evidence tend
ing 70 a contrary conclusion; and Il has shown be
Of the government and the engineer IN Immediate
charge OF the work on the governments behalf
had for several years imIne1iately preceding Las
contracts referred 70 in this inaItnlePI Tefey b
father-in-law In many divisions of profits, one-third
Of the final net proceeds OF each contract remain
that this one-third amounted in the aggregate 70
over S-gHC This. n Is claimed, gives significance
and meaning 20 many other facts in evidence show
ing a fraudulent and illegal combination between
the defendants and Captain Carter 10 benefit them
selves at the expense OF the government. and 10
procure the allowance and payment OF excessive
and fraudulent bills by means OF contracts frauCu-
leEtly procured.
The Gaynors and Captain Greene were indicted
by the Federal Grand Jury IN savannah in De-
cember 1899. They made a long and stubborn hght-
The motion for their extradltton to Georgia. FOR
trial on the Indictment made before COM
missioner Shields IN December, ls9S
Ahrom J. Rose OF the firm Of Kellogg & Rose,
counsel for the defendants. when questioned yes
terday afternoon 10 what further steps would
he taken by the defence in the case, saiq:
That I cannot at This time. II Will depend
upon what the government does and the decisions
in such proceedings. The next step in the case
will be for the government 70 call upon the de-
PENDANTS 10 surrender themselves in the Cnited
States District Court for eXtradt;on % Georgia %
be tried there the ndictment found AGAINST them
In 1899 II order for their eXtradi1n = granted
as undoubtedly II will be, then an appHcatu tor a
writ habeas corpus viii be entered in the circuit
Court. II this application should Be denied an
appeal Will be taken the United states circuit
Court OF Appeals possibly direct 70 the supreme
Court Of the United states