The Savannah morning news., 1901-12-31
SUPREME COURT WILL DECIDE
GREENE AND GAYNoR HABEAs
CORPUS.
ERWIN SAYS JANUARY 6
IF ADVERSE TO DEFENDANTS
THEY WILL BE BROUGHT TO
SAVANNAH.

ed over All of His III-GOtten Gains
Traced Into Their Possession.
Must stin Account to Court for
$4,000.
There is good reason to believe that
the decision of the Supreme Court of
the United States in the habeas corpus
proceedings instituted by Greene and
the Gaynors will be rendered about
Jan g. If the decision is against the
contentious of the accused it is prob
able it will mean their speedy return
to stand trial for the offense with
which they are charged and for which
they have been indicted.
Assistant Attorney General Marion
Erwin, in special charge of this and
other branches of the Carter case,
reached the city yesterday and spent
the afternoon -in-the- examination of
the answers and demurrers of the sew
eral defendants in the proceedings
brought by the government in the Cir
cult Court here to recover the money
| Carter is said to have stolen. Mr..
Erwin stated to the Morning News
that he believed the decision of the
court would be handed down on Jan. 6.
| AS he said he was delaying his re-
turn to Chicago, where several of the
| injunction and receiver suits for the
recovery of the Carter stealage are now
| pending, until he could learn what was
the decision of the Supreme Court in
the habeas corpus case, it was evident
he attached considerable weight to his
own opinion.
Mr.. Erwin was asked if the decision
of the court were unfavorable to the
accused if this would not mean the
| prompt trial of Benjamin D. Greene
and John F., Edward H., and William
T. GaYnor in the United States Dis
trict Court here.
We'll" he answered, slowly, 81 can't
tell. Ordinarily. 1 would think that
would be the effect, but-did you ever
shoot an old fox squirrel from the top
of a tall pine?"
'I'H tell you about it, said Mr..
Erwin. When you shoot the ordinary
cat squirrel, and hit him, he falls to
the ground at once, and there's an end
of 1t. But with the fox squirrel it is
different. You'll spy him away up in
the top of tree and take a shot at
him; he'll linger awhile on his perch
and then drop, and you'll think you
have him. Half way down the ground
he'll catch on another limb and hang
there, and you'll blaze away at him
again. Again he'll fall, again he'll
catch on a limb, and about the time
you think you have him, sure, he'll
crawl into a hole and disappear.
shot lots of squirrels when l was d
boy and this case reminds me very
much of my boyish experience. I want
to see the squirrels on the ground be-
fore I'll believe they are coming al
ALL
Mr.. Erwin said an erroneous report
had been sent out from Chicago about
a week ago. to the effect that all the
money and effects of former Capt
Carter, that had been traced into the
hands of his uncle and brother. had
been turned over to the receiver ap-
pointed by the court.
This is not at all true" said Mr.. Err
win, land there is still about $4,000
which l have traced into the hands OF
Lorenzo d. Carter and 1. Stanton Car
ter, for which no accounting has yet
been made. 1t is true that Messrs
Mackall & Anderson of this city have
turned over certain stock script and
in value to between $40 900 and $50, 600
by virtue of an order given them by
the relatives of the principal defen-
dant, but this did not affect the situa-
ton in any material degree. This
money had already been tied up by
proceedings instituted here. so that II
could not be removed or transferred
ana what was actually turned over
was merely the evidences of ownership
or indebtedness.
: Sometime ago located i'm the hands
of Carriers agents in New York a re-
ceipt for property, money and securi-
ties turned over to Lorenzo d. Carter
and 1. Stanton Carter, which repre-
scented $4,000 or more OF this amount
had already tied up 100000 in gold
certificates, which were in a bank
vault in West Virginia, and about $40,-
900 or $4,000 here in Savannah. This
left about $150,000 for which the Car
ters were required to account and sc
far they have only paid $4,000 into
court. The other $4,000 is still in dis
pute.
so far we have actually in the hands
of the receiver 1925. 00O This is made
up of $4,000 in real estate, in New
York, $780, 900 in real estate, I'm New
Jersey. $4,000 in Savannah, 100000 in
West Virginia and $4,000 in Chicago, a
total of $425, 900. When l left Chicago
the Carriers were trying to explain t.
Mr.. Edward /. Johnson, the national
bank examiner who has been assisting
me in securing evidence in these cases
just what had happened to the other
$4,000 that had been traced into their
hands"
Contempt proceedings are still pend
ing in the United States Circuit Court
in Chicago, based on their failure to
turn over the original sum of $3.50. 000
These proceedings were suspended
upon the payment TO the receiver OF
SIS. 900 and pending the effort to satisfy
the minds of Mr.. Erwin or Mr.. John
son as to what had become OF the other
like sum. While Mr.. Erwin
declined to say so, or indeed 10
say anything of what he intends
to do. there can be little doubt that II
the Carriers fail 70 account for this
money the contempt proceedings
against them will be vigorously pushed
Mr.. Erwin will be in the city TO-DAY
possibly for day or two longer. max
ing further Investigations of the Sa-
vannah branch Of the case. He said
yesterday he did not know when the
next session of the United States
courts would be held in Savannah. as
he had had no conference with Judge