The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-03-10
RUMOR SAYS CANADA
GAYNOR REPORTED TO HAVE BEEN
HEADED THAT WAY.
LITTLE FAITH IN REPORT.
ATTORNEYS INTIMATE THAT
MAIL HAS BEEN TAMPERED WITH.

Have Been OpeHcd-District At
torney Erwin Disclaims RespOn-
sibiIity on Behalf OF the Govern
ment-PrOsecutiOn, in Its Efforts
to Convict, Would Not Descend to
such Conduct, He Says-Counsel
Make No Formal Charges-Carter
Will BE Out of the Penitentiary in
November of Next Year and Maybe
Before the Greene and Gaynor
Case Is Disposed of.
No new developments of startling
interest marked the Greene Gaynor
case on yesterday. Nothing of a def
mite character was heard of the fugi-
tives that would tend to indicate
where they are or what they are doing,
to throw a light upon their probable
movements.
A dispatch from Syracuse. the home
of the Gaynors, to the Morning News
states that John Gaynor passed
through that city on Wednesday en-
route for Canada. The dispatch does
not furnish any details, and it's au-
thority is not known. 1t Is doubted
here that Gaynor would go that way
to escape from the country.
The attorneys for Greene and Gaynor
have heard nothing from them, and
are without any instructions as to the
future conduct of the case The same
thing is true of Ed. and Will Gaynor,
now in the city and undergoing trial.
Letters Seemed to Have Been Openeo
One development there was. This is
the suggestion thrown out by counsel
for the defendants, that their mail and
that of their clients has been tam
pered with by some one evidently try
ing to gain possession of their secrets.
The lawyers say that a number of
their letters to their clients and their
clients letter to them give every indi-
cation that they have been opened be-
fore they were received by those to
whom they were addressed. Some of
the letters, too, have been retained a
number of days after they were re-
at their point of destination.
Some of the envelopes of the letters
alleged to have been opened We're ex-
hibitd to District Attorney Erwin, for
his inspection.
Mr.. Irwin Doubts 1t.
THE government has not stopped to
such a policy" said Mr.. Erwin. 1T
does not tamper with the mail of in
dividuals in order to effect the convic-
ton of defendant and nothing of that
sort has been resorted to in this case.
1t is not only against the law, but
it is against the policy of the United
States in dealing with alleged GRIM
inals. For myself, l would rather lose
a case than stoop to such an eXpedi-
emit"
The counsel for the defendants did
not charge in so many words that their
letters had been opened; they merely
exhibited the envelopes and stated the
facts in connection with the receipt of
the letters. one letter, addressed to
Ed II. Gaynor, in Savannah, marked
February 27, was not delivered to h m
until after his return to the city. a few
days ago. This is one of the letters
that give some evidence of having been
opened by some one other than him to
when it is addressed.
Carers Germ Nearing Its End.
Current events in the case indicate
that former Capt Carter will have
completed his term of service in the
Leavenworth penitentiary before, there
is a final verdict and judgment in the
cases of the defendants now on trial
and those the government is anxious to
try and can't.
Certers term Of Imprisonment be-
gan in October, 1899, and. allowing for
the remission 1or good conduct, it will
expire in November of next year. He
was sentenced to five years in the pen
itentiary but from this term of inn
prisonment nearly a year is RENTED
in the event OF the good conduct of
The prisoner So far as can be learned
Carter has been while in the peniten-
tiary a model of propriety and there
is little doubt that he will be given
the benefit of all of the good conduct
time that is allowed.
Long Litigation Ahead.
At the rate the case is now progress
ing there will be no end to the pend
ing trial much before June or July and
the conviction of the accused would
be only the beginning of the litigation
An appeal would be taken at once to
the Circuit Court of Appeals at New
Orleans and, should that tribunal up
hold the conviction, to the Supreme
Court at Washington. These appeals
VIII take time, and judging the flu
ture by the past fifteen or sixteen
months seems not too large an esti-
mate of their probable duration.
Surprised comment on the action of
Capt. Greene and Col Gaynor con-
tinues to be freely made 1t is gener-
ally said that they have done abso-
autely the most foolish thing they
could do possibly, as few believe they
will be ultimately successful in evad-
ing arrest and keeping themselves be-
yond the process of the court.
Beyond influence of Friends.
''They have placed their influential
friends in Washington in such a posi-
ton that they cannot turn a hand in
Greene and Gaynor's behalf" said one
familiar with the case.
'''The effect of the powerful influence
they have been in a position to exert
has been noticeable in the past conduct
of the case-but all this must be lack
ing In the future. BY their action in
decamping and refusing to submit their
claims to the aroitrament of the court
here they have placed themselves far
beyond the help and protection of their
friends"
The arguments upon the demurrer to
the indictment filed by Ed and Will
Gaynor will be concluded in the United
States District Court this morning. Mr..
Samuel B. Adams has a few words to
say in support of the position he as
stunned on Saturday and Mr.. D. w.
Rountree will then make the conclud-
Ing argument for the defendants.
In the event that Judge Speer over
rules the demurrer, the defendants will
a oil vafa T,f4