The Savannah morning news., 1902-03-09
THEY'LL NOT ESCAP E
GEN. BARR SAYS GREENE AND
GAYNoR WILL BE CAUGHT.
THEY WILL BE TRACKED.
FORMER JUDGE ADVOCATE GEN
ERAL NOT SURPRISED AT THEIR
FLEEING.

Subject of Anxious Inquiry-Spec-
uIations Are Many and Various.
surmiSes rs TO Their Destination.
What Ed GaynOr Thought of Their
Purpose-The Currently Accepted
View of the Problem.
The disappearance of Benjamin D.
Greene and John F. Gaynor. who.
face of the earth. is as far from ex-
PLANTATION as it was when they failed
to show up in the United States Court.
Queries and surmises as to their prob
able whereabouts are plentiful But
that is all.
District Attorney Marion Erwin re-
fuses to discuss the disappearance Sc
riously, though it is practically as
sured that beneath his seeming indif-
ference to the escape of Greene and
Gaynor the district attorney is mask
ing a desire to bring them again into
custody of the court.
When Mr.. Erwin was asked point
blank if he has taken steps to place
the secret service agents on the trail
of Greene and Gaynor he returned
an evasive answer. 1t is regarded as
certain that a telegram was sent to
the Attorney General Immediately
after the failure of the conspirators to
appear in court on Thursday and that
this telegram has been followed by a
number of others. That the move
ments of the two men since Tuesday
cumstances permit and that the gov
eminent is using every effort to find
their place of concealment, there is
not a particle of doubt.
Gen. Barr Not Surprised.
Gen. Thomas f. Barr, of Washing
advocate general of the United States
army and distinguished as the judge
advocate of the celebrated Carter
court martial, is in Savannah. He was
asked what he thought of the conduct
of the defendants.
Il think they have decamped," came
the prompt answer.
And are you surprised?"
Not a Bit said Gen. Barr 81 am
little surprised that they have left
US just at this juncture, as 1 had been
of the opinion they would wait until
final judgment in their case. Then I
confidently expected they would make
an effort to escape.
They will ct escape, however"
added Gen. 4-4rr. THE government
is certain to effect their arrest. 1 look
forward confidently to the time they
will join their friend Carter at Leav-
enworth."
Gen. Barr was reminded that the
government has recently established
new penitentiary at Atlanta.
in that event" he said, Garter
will probably be deprived of the pleas
ures of their society,""
The capias for the arrest of the fugi-
tives is in the hands of Marshal John
NJ. Barnes, but the marshal is able
to do nothing until he secures some
information as to the place where they
are in hiding
To counsel for the defendants their
disappearance is as great a marvel and
they not only have no idea where
Greene and Gaynor are, but they are
at at an absolute loss to understand
why the two men have seen fit to adopt
the course events seem to indicate they
have followed.
They Are Crazy, Says Counsel.
Unless our clients have suddenly
taken leave of their senses" said Mr..
Daniel w. Rountree, Il cannot under
stand the course they have adopted
assuming. for the purposes of the
argument, that they have actually
decamped.
1 will stake my professional repu-
tation on the assertion that there
never could have been a final convie-
ton of either one of them. The in
dictment returned by the grand jury
at the present term of the court is
barred by the statute of limitations
and 1 have no doubt in the world the
courts will so hold. This will throw
the government back on the first in
dictment, returned more than two
years ago, and this is fatally defec-
tive. Whether there was a conviction in
the District Court here or not. the de-
PENDANTS could never have been pun
ished. Either the Circuit Court Of APP
peals or the Supreme Court would
have declared the indictment defec-
tive, and as by that time it would
have been determined that no other
Indictment could be found, there
would be absolutely nothing left be-
tween them and liberty"
No Doubt They Have Skipped,
As a matter of fact there is not a
single one of the several lawyers rep
resenting Greene and Gaynor here who
does not believe that Greene and John
Gaynor have either skipped the coun-
try or are now in hiding, awaiting a
favorable opportunity to make their
escape. Disguise their real opinions as
they may, they cannot repress the evil
dences of their belief that they have
lost their two most important clients
and that Greene and Gaynor are fugi-
tives from justice.
All of them endeavor to crate the
impression that they still retain a lin
gering belief that the men win yet turn
up in time to stand trial, but they are
not very successful in fooling even