The Savannah morning news., 1901-05-16
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JUDGE BROWN TELLS GREENS
AND GAYNoRS THIS.
PROBABLE CAUSE SHOWN.
THE COURT ALLUDEs TO CARRIERS
PROFITS.

Judge Brown Knocks Out the ''se-
1ect Jury" Objection and States
as a Fact That the Government
Has shown That Capt. Carter Re-
ceived One-Third of the Profits of
the Contract, and Concludes That
This Is Significant, Taken in Com
nection With other Testimony.
New York, May 15.-Judge Brown, in
the United States District Court. issued
an order to-day for the removal of Ben
jamin d. Green, John F., William T. and
Edward H. Gaynor to Savannah, where
they have been indicted for conspiracy
in connection with o. M. Carter, for
merly captain of the United States Engin-
eer Corps. in the matter of improvements
in Southern harbors.
The judge says:
THE defendants should be ordered re-
moved for triad, or give bail for their due
appearance"
In his order Judge Brown recounts the
method OF drawing a select jury in the
case, and says that any objections which
the defendants counsel may have are
not valid reasons why the prisoners
should not be removed He quotes from
the report of Commissioner Shields, who
was appointed to take testimony, that
after a full and fair examination "it ap-
pears that there is probable cause to be-
lieve the defendants guilty of the chrages
contained in the warrant issued for their
removal"
Character of the Testimony.
Judge Brown continues:
THE proof of the charge in this case
does not consist of any direct and certain
testimony of the commission of the Of
tense charged, but rests upon many facts
and circumstances in a long course of
dealing, from which it is claimed that the
inference of an unlawful intent to defraud
the government must reasonably be in
ferred; and the bills alleged to be fraud
ulent in the last counts of the indict-
ments are claimed to be fraudulent, not
so much because they were not according
to contract as because the contracts
themselves were fraudulent and procured
through a fraudulent conspiracy with
Capt. Carter, an enploye of the govern
nient. Considering the nature of the case,
therefore, l find no objection to the testi-
mony admitted by the commissioner as to
vitiate his findings, or require reconsider
alton by him.
Carter Shared in Profits.
CAS- respects the findings of probable
cause, the defendants have given a great
deal of evidence tending to show that
their contracts were fairly obtained. their
vfol nj hat
the government has not been defrauded
of single dollar. The government, on
the other hand, has given evidence tend
ing to contrary conclusion; and it has
shown beyond question that Capt. Carter,
the employe of the government, and the
engineer in immediate charge of the WORK
on the governments behalf, had for sew
eral years, Immediately preceding the con-
tracts referred to in this indictment, re-
ceived from the contractors continuously.
through his father-in-law, in many di-
visions of profit, one-third of the final
net proceeds of each contract remaining
for division among the chief contractors,
and that this one-third amounted In the
aggregate to over $4,000
This, is is claimed, gives significance
and meaning to many other facts in evil
dence, showing a fraudulent and Illegal
combination between the defendants and
capt. carter TO Denent themselves at the
expense of the government and to pro-
cure the allowance and payment of ex-
cessive fraudulent bills by means of con-
tracts fraudulently procured.
A Case for "A Jury Trial.
"A case presenting such circumstances
is especially one that should be submit
ted to a jury trial. Nor need there be
any apprehension that. an impartial court
and iurV will not reach essential iuStice
Having found in the previous decision
that the ninth and tenth counts of the
indictment are good, whatever may be
held as to the counts preceding them, the
defendants should be ordered to be re-
moved for trial or to give bail for their
due appearance"