The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-03-01
PURSUED BY THE LAW
SECOND INDICTMENT AGAINST
CARTER, GREENE AND GAYNORS.
MISSING COUNTS SUPPLIED.
INDICTMENT MAKES Up DEFICIEN-
CIES CAUSED BY DEMURRER.

The Onenses with which the De-
PENDANTS Are Charged With Min
ute Particularly and Precision.
Six Counts Required to Set Forth
the Governments Allegations
Against Carter, Greene, the Gay
nors and COnnOIIy-Criticisms of
Judge Speer, of other Courts and
Even of Counsel for the Defend
ants Net in New Indictment-Re-
turned ut Noon in Open Court.
A second indictment against the de-
PENDANTS charged with former Capt.
Oberlin NJ. Carter of conspiring to
defraud the government of various
large sums of money, in connection
with the works of improvement upon
the harbors of Savannah and Bruins
wick. were returned in the United
States District Court yesterday. To
this indictment the defendants Will be
required to plead on March 6.
The indictment is designed to supply
the counts of the original indictment
quashed on demurrer by Judge Speer,
but it goes beyond this intention and
charges offenses not named, set out
with a precision and particularly of
detail not attempted in the first in
stance. The bar of the statute of linn
itations is avoided by the allegation,
made a part of each count of the in
dictment, that continuously since Dec.
II, 1899, they have kept themselves
outside the jurisdiction of the court
and have been fugitives from justice.
This allegation refers, however only to
Benjamin D. Greene, John F., Edward
H. and William T. Gaynor, and does
not apply to Oberlin NJ. Carter and
Michael A. Connolly, jointly indicted
with the other defendants.
Evidence Before the Grand Jury.
The evidence upon which the indict-
ment is based was submitted to the
grand jury by District Attorney Marion
Erwin yesterday morning. 1t was al
most purely documentary, consisting
for the most part of the checks Vouch
ers and others papers by means of
which the alleged fraudulent claims
were presented and paid. The indict-
ment in connection with several others,
previously found by the grand jury,
was returned in open court at noon.
It was the purpose of the district
attorney, in framing this second in
dictment, not only to supply the miss
ing counts of the original Indictment
but to supply alleged deficiencies COM
mented on by the several judicial trib-
unals that have had the case under
consideration or review. Mr.. Erwin
says 1t has been his purpose not only
20 do this, but also to make the new
indictment answer in form and sub
stance the criticisms of counsel for
the defendants, so that it will suit
their expressed views of what an in
dictment should be.
Six Counts in Indictment.
1t is long legal document, framed
i'll six counts and covering 40 typewrit-
ten pages. The first three counts are
framed under Section $40 of the re-
Vised statutes and the last three under
Section 1928. The section of the stat
utes first named refers to and provides
punishment for conspiracy to defraud
the government by any means: Section
543s refers particularly to conspiracies
to defraud by presenting false claims.
Among the overt acts alleged in the
ilfst three counts of the Indictment
are the preparation of the supplement-
AIRY contract of March II. 1897. with
false signatures, and the presentation
ny Greene ana the Gdynors and the
acceptance by Carter of a fraudulent
voucher for $32,S1l42. the issuance bv
Garter to John r. Jaynor of two
checks, in payment for work fraudu
lently claimed to have been done
amounting in the aggregate to more
IMAM Sobo,0W: the forwarding by Car
ter to the chief of engineers of the
supplementary contract of March II.
1891 with the forged signatures of the
bondsmen.
The fourth count refers to a con-
splfacy TO present a false claim for
$545,O0O, while among the overt acts
alleged in this and the two succeedino
counts are the actual presentation of
this claim and several others
A Complete Statement.
In brief, these are the allegations of
the indictment, but in making them
the district attorney has been careful
TO omit no statement that could in anv
wise serve TO render the exact offense
charged clearer or more explicit. After
reading the Indictment it will not he
possible for counsel for the defendants
reasonably to contend, as they have in
the past, that in any respect. mate
rial or immaterial it fails exactly to
apprise them of the crimes of which
their clients are accused.
The indictment was returned in court
without parade or display. While, as
has been several times stated in the
Morning News, it was practically as
sured that the district attorney medi-
tated an attempt to secure a new in
dlctment, he had gone about his prep
arations so secretly that no one knew
Just what he was doing. The evidence
was presented to the grand jury, the
true bill of Indictment found without
any outside party understanding what
was in progress and the indictment re-
turned IN court in the presence only
of those whose official duty demanded
their attendance and of a few chance
spectators.
After the return of the indictment
Judge Speer granted an order reuuir-
ing the defendants now outside the dis
trict, with the exception of former
Capt. Carter, to appear and plead to
the charges next Thursday, March 6.
This will bring them back from New
York eleven days sooner than it would
nave been necessary otherwise for
them to come, the trial of the case
made by the former indictment having
been postponed until March II.
The order of Judge Speer, directing
the appearance of the defendants, re-
fers by their docket numbers to both
indictments. 1t is as follows:
1.-THE defendants BENJAMIN d. Greene.
John F. Gaynor William T. Gaynor and
Edward H. Gaynor charged as afore-
said, under bail for appearance before
this court at this term of the Court in
that behalf. are ordered by the Court