The Savannah morning news., 1902-02-01
FIGHT FROM START
GREENE AND GAYNORs WILL AT
TACK THE INDICTMENT.
DECLARE 1T is DEFECTIVE.
TRIAL OF CASE ON THE MERITS
NOT EFFECTED BEFORE MARCH L.

Hon. r. G. duBignon Returned From
Conference with Special Assistant
Attorney General Marion Erwin.
Pleas in Abatement to Be Filled
when Defendants Are Arraigned
md Required 10 Plead-specfal
Issue May Have TO Be Made Up.
Don't Want witnesses Before
They Are Needed-Carter May Fig
ure as witness for the Defend
ants.
There will be long and bitter fight
on the sufficiency of the indictment
against Greene and the Gaynors be-
fore the case ever comes to trial on
it's merits. Before a word of evidence
is ever suffered to be adduced as to
the actual guilt or innocence of the
accused, their counsel will labor siren
uously to have the Indictment dis
missed.
Hon. Fleming G. duBignon, who,
with Mr. Walter G. Charlton and Col.
T. B. Fielder of Atlanta, will represent
the defendants at their trial in the
United States District Court, returned
yesterday from Macon, where he had
a conference with Special Assistant
Attorney General Marion Erwin as to
the manner in which the case would
be conducted and the probable time
of it's trial on the merits. Mr. du-
Bignon said yesterday he did not be-
lieve the trial on the merits would be-
gin before the first of March.
1.-THE case will be called when court
ccnvenes on Feb. H." said Mr.. duBig-
non, land the defendants will then be
required to plead to the indictment. At
this time they will file their pleas in
abatement and these will have to be
determined before the trial of the case
on the merits can be taken up. If the
pleas are decided in favor of the de-
PENDANTS and the indictment declared
defective by the judgment of the court,
this will end the proceedings. There
will be no trial on the merits what
ever.
1T may be that the government will
traverse the matters of fact alleged
in the pleas we shall file, and in this
event a special issue will have to be
| made up and evidence introduced to
establish or disprove these facts. 1t
| may be, on the other hand, that the
| government will admit the facts al
| legged in the pleas and simply demur to
| their legal sufficiency. This will re-
| duce the hearing to a matter of argu-
ment"
There are a number of expert and
| other witnesses for the defendants rep
resented by Mr.. duBignon and his
| colleagues, whom it is proposed to in
| troduce in case there should be a trial
on the merits and the purpose of Mr.
| duBignon's conference with Mr.. Erwin
| was to ascertain when this trial would
| probably be had. Counsel do not de-
sire to bring these witnesses to Sa-
vannah, and keep them here for weeks
| before they are needed.
The attack that will be made upon
the Indictment" said Mr.. duBignon,
''and the effort to have it quashed
have. of course, been. indicated by the
| conduct of. the defendants case before
| the commissioner and the courts in
| New York.
| MIR. duBignon was asked if it was
1 the purpose of the defendants to have
| former Capt. Carter brought to Savan-
testimony in their behalf.
| Il do not know" was his answer;
| we do not represent Capt. Carter at
all in this proceeding"
| The government has already an
nounced it has no intention of bring
| fiB tie IOIHleT captain engineers to
Savannah and giving him another
! trial. 1t is not probable either that
| the government will need his services
! as a witness and if he comes at all
/ 1t will be as a witness for the defend
| ants.
Mr.. duRignon did not know either
whether the case against Michael A.
Connolly, Jointly indicted with Car
| ter, Greene and the Gaynors, would
be tried at the same time as that
against the defendants he represents
or severed and tried separately. 1--WE
do not represent Connolly he said
1t does not seem probable that
Messrs. Rose & Kellogg, who have rep
resented Greene and the Gaynors
throughout the long proceedings in
New York and before the Supreme
/ Court. will assist in the defense of the
case in Savannah. Mr.. duBignon said
he had not been advised that there
would be any other counsel than Mr..
Charlton, Col. Fielder and himself.
Benjamin ID. Greene, .Tohn F., Ed
ward H. and William T. Gaynor. the
| four defendants thus represented. will
be in Savannah some day next week.
probably Friday or Saturday. This
will give them an opportunity to con-
fer with their counsel as to the man.
ner in which their defense shall he
conducted. 1t is on the succeeding
Tuesday morning that the case will be
called.