The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-03-07
FAILED TO APPEAR
NOTHING HEARD FROM CAPT.
GREENE AND JOHN f. GAYNOR.
THEIR MOVEMENTS UNKNOWN.
COUNSEL HAS No INFORMATION OF
THEIR WHEREABOUTS.

IL. GaynOr and William n. GaynOr
We're In Court-BOnds of Absent
Defendants About to BE Estreated.
Speculation Rife and Theory They
Have Decamped Freely Hazarded.
Benjamin D. Greene and John F.
Gaynor failed to appear in the United
States District Court when the case
against them was called yesterday. Up
10 ? o'clock this morning nothing had
been heard OF or from them and abso-
lutely nothing is known that could in
any way explain their absence.
Speculation as to the reason for their
failure to be here on the way they had
been directed to appear was rift-al-
most the one topic with those familiar
with the facts. Some of this specula-
ton may have done Capt Greene and
Col. Gaynor a very grave injustice, but
as the day passed without their ar
rival and without anything being
heard from them by their counsel or
their fellow defendants. the opinion
was freely hazarded that they had der
termined to bid Savannah and the rest
of this land of the free and home of
the brave" a last and fond goodbye.
TeIegrams From Rose.
When the case was called Edward
H. Gaynor and William r. Gaynor
were both in court, having reached
the city at 3 O'Clock in the morning.
The Counsel announced at that time
that their two other clients had not
reached Savannah, but that they were
expected on one of the trains arriving
during the morning. A recess until
80 o'clock was asked for and granted
by the court.
At 11:3O O'Clock the case was again
called
Il desire" said Mr.. du Bignon,
to place your honor in possession of
all the facts l know that relate to the
absence of the defendants. Yesterday
Mr.. Charlton and myself both received
kilograms from Mr.. Abram j. Rose,
informing US that Capt. Greene and
Col Gaynor would be present in court
this morning, and / am informed by
these gentlemen" abiding to Messrs.
Fielder a Rountree of Atlanta, that
they had a telephone conversation with
Capt. Greene in which he announced
his intention Of being on hand when the
case was called"
Mr.. Charlton and Mr.. Fielder added
some words of explanation as to their
own information on the subject and
Judge Speer then turned to the district
attorney.
What is your motion, Mr.. District
Attorney" asked the court.
IF your honor please" Mr.. Erwin
responded, lit is of course true that no
legal showing has been made that ex-
cuses or tends to excuse the absence
of these defendants, at the time they
were directed TO appear by the order
of the court. Before the court ad-
journs to-day it would be proper for
me TO take an order FORGETTING the
bonds they have given. Nevertheless,
there may be some reason for their alb
sence. and / suggest to the court that
they be permitted until tomorrow
morning TO make their appearance. In
the meantime. two other defendants,
Edward H. Gaynor and William I.
Gaynor, are present in court, and L
see no reason why the case should not
proceed as 70 them, and they be re-
ouired to plead to the indictment re-
Gently found by the grand jury
To Estreat the Bonds.
1.-The court is unable to agree with
you. Mr.. Erwin, as to the propriety
of the policy you suggest" said Judge
Speer Il have no disposition whatever
to be harsh or unreasonable with these
defendants, but it seems to me that,
in the absence of any explanation their
conduct has been most imprope.. They
were directed to appear an court this
morning. and they were fully and per-
sonally apprised of the courts order.
Under the rules obtaining in the United
States courts the forfeiture of a bond
is a matter within the discretion of
the presiding judge, and l think that
proper respect for the dignity and au
thority of this court, and for its pro-
cess, requires that the bonds of these
parties be Immediately forfeited"
Mr.. Erwin stated that what the court
said was entirely true, but that there
We're certain practical questions con-
nected with the forfeiture of the bonds
that induced him to ask that this step
be not Immediately taken. Then Mr..
Rountree stepped into the breach.
IF l may be permitted to make a
suggestion to the court he began, Il
would ask that proceedings as to the
bonds be suspended for perhaps an
hour and a half. 1t is that time at
least before the courts customary
hour of adjournment for the day and
in the interim | will make an effort
to communicate over the long distance
telephone with our clients 1t is prob
able that l win be able to get into
communication with them"
Decided to Wait.
THE court Mr. Rountree," said
Judge Speer has no objection to any
effort you may make to get into com
munication with your clients. The
court will itself endeavor to get into
communication with them in the
course of few days"
At this juncture Mr. Erwin asked for
a few minutes time in which to confer
with his associate, Mr.. Adams, as to
the next step TO be pursued. This was
granted and a short recess was taken.
At its conclusion. Mr.. Erwin arose
and said that while it was true the
absent defendants had shown no rea-
sonable excuse for their failure to at
he would not on the assurance of
counsel that they were on the way,
ask for the forfeiture of the bond.
Il wish to set the district attorney
right on this question" interjected Mr.
oh Signon. - have given no such as
ssurance, as 1 am not in a position to
give it, All the information on the
subject in my possession l have COM
municated to the court"
An Accident Suggested.
The receipt of the telegram from
Mr.. Rose and the fact that Mr. Fielder
had cOnversed with Capt. Greene over
the telephone We're at this stage of the
Proceedings again reheafsed. Mr.. du-
Bignon added that while he understood
that his beliefs on the subject could not
properly be considered, he yet believed
that Capt. Greene and Col Gaynol