The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-02-19
SECOND ROUND BEGUN
GREENE AND GAYNORs FILED DE-
MURRER TO INDICTMENT.
DECLARED NOT GOOD IN LAW.
THEY SAY NO PROPER COMPLAINT
is MADE.

Counts of Indictment Discussed at
Length md Their Alleged Legal
Insunlcicncy Pointed Out to Court.
Failure to Charge Conspiracy In
Counts Setting Up Overt Acts Said
to Render These Counts INSULT
Client and Make Them Bad-AIleg-
ed Lapse of Statute of Limitations
Relied Upon by Defendants-The
Arguments Begun.
The four defendants on trial in the
United States District Court for al
legged completely with former Capt.
Oberlin Nj. Carter in the conspiracy to
defraud the government filed demur-
rer yesterday to the indictment.
The demurrer was read by Mr..
Daniel w. Rountree of counsel for the
defendants, when the court convened.
1t is a long and somewhat complicated
legal document, discussing in great de-
tail the legal questions raised by the
ten counts of the indictment. Its in
tendment and effect, accepting the con-
tentions of the accused, are that, adj
hitting the substantial truth of the
averments of the indictment, no crime
is charged against any one or all of
the defendants arraigned for which
they can be required to answer in any
court of justice or law.
Much stress is laid in the demurrer
upon the fact that the conspiracy of
which the defendants are said to have
been guilty is not alleged in each count,
but that in the counts setting forth the
alleged overt acts the conspiracy is
only incidentally mentioned.
The indictment is objected to fur
Their on the ground that it is not suf-
ficiently concise, clear and to the point
and does not describe the offenses of
which the defendants are said to be
guilty with such degree of certainty
as will enable them to plead to it with
full understanding of what they are
doing.
Various other legal objections to the
sufficiency of the indictment are made,
but possibly the most interesting and
important is that the several criminal
acts alleged in the indictment are all
barred by the statute of limitations
and were so barred when the indict-
ment was returned by the grand jury.
This is the contention, possibly, upon
which the defendants rely with the
greatest certainty and their counsel
are wont to declare themselves conf
dent that the demurrer to the indict-
ments must be upheld on this ground.
The opening argument upon the
demurrer to the indictment was made
by Mr.. Rountree. who delivered an in
terestIng and learned speech OF more
than an hour and a halfs duration.
Mr.. Rountree argued the points raised
in the demurrer at length, with the
possible exception of that having nri-
mary reference to the alleged lapse
of the period of the statute Of limita-
tions The discussion of this phase OF
the demurrer was reserved for the con-
Guiding argument of Mr.. Charlton,
which will probably be made to-day.
District Attorney Erwin began his
argument in opposition to the allowance
Of the demurrer, but was stopped by
Judge Speer before he was well on his
way. Mr.. Erwin was so hoarse that
he could scarcely make himself under
stood and his condition excited the
anxiety and sympathy of the court. AL
though the district attorney insisted
upon making an effort to continue and
conclude his argument, Judge Speer
was Just as decidedly of the opinion
that he should not so tire his voice and
endanger his health and on this ac-
count the recess was taken until this
morning.
Mr.. Erwin will resume and conclude
his argument when court conVenes this
morning, and Mr.. Adams will then
make the concluding argument for the
government. The concluding argument
/ for the defendants will then be made
by Mr.. Charlton.
The defendants motion to quash the
Indictment. that will be filed in the
event the demurrer is overruled by the
court, has already been prepared, and,
was verified yesterday, each of the men
arraigned declaring that the matters of
fact therein alleged, were true to the
best of his knowledge and belief.