The Savannah morning news., 1902-02-25
EIGHT COUNTS GOOD
JUDGE SPEER DECLARES TWO
COUNTS OF INDICTMENT Bad.
DEFENDANTS SEEM PLEASED.
NO MOTION TO QUAsH FILED AND
THEY PLEAD NOT GUILTY.


ruled on All but Two Counts-Then N
Defendants Plead TO the Merits.
Over Objections of Counsel for
Prosecution and Defense Case Is
Assigned for Trial on the Merits
on March 10.
The decision of Judge Speer on the
demurrer of the defendants in the
Greene Gaynor case to the indictment
returned against them sustained the
demurrer on the ninth and tenth
counts of the Indictment. AS to the
eight other counts the demurrer was
oyerruled.
The Defective Counts.
This decision. rendered in the United
States District Court at the beginning
of the session yesterday morning, had
an important bearing upon the future
conduct of the case. 1t determined the
defendants not to file or press their
motion to quash the indictment, which
had already been prepared and verified
by their oaths, and instead to offer a
general plea of mot guilty" This
they did. On the issue thus formed the
case has been assigned for trial on its
merits March 10.
The Defective Counts.
The two counts of the indictment as
to which the demurrer was sustained
set out overt acts, in alleged pursu-
ance of the conspiracy to defraud the
government by presenting false and
fraudulent claims, approved through
the criminal connivance of Oberlin IA.
Carter, the engineer officer in charge of
Ter and harbor Improvements in this
district and acting in this capacity as
disbursing officer of the government.
A The Ninth Count.
This ninth count refers to a false and
frauc aent claim for $25,447.95, as part
payIr mt to the contractors on the
pro@ I for the improvement of Cum
bef Ia sound. The tenth count refers
to.ss blahieged fraudulent claim for
$2tEs 50, for work, labor and supplies
on " project for the improvement OF
the tea1 bDr of Savannah.
Tho ffendants demurred to these
count the indictment on the ground
that h Zach case the fraudulent charac-
ter of he claim Is not sufficiently set
forth and it is on this ground that the
demurrer, as to these two counts, was
sustained by Judge Speer.
Wanted N Month to Prepare.
The decision was followed by a re-
quest for time to consider what course
they should sow rom counsel for the
defendants. 1nes Cire6 or ten min
utes and upon their return to the court
room announced that thev were ready
to plead.
What say you to the Indictment? ?"
asked the district attorney.
Not guilty." a sswered Mr. Charlton,
for his clients; 'for each of them, upon
every count, not guilty"
1t had been expected that the motion
to quasi, the Indictment would be pre-
sented at-this juncture and the action
of the defendants in taking the other
course created some surprise. At the
sugso stion ofa the district attorney
couns. for tFg defense announced that
their clients ished to put themselves
upon the country" and that a trial by
jury would be the next step in the
conduct of the case.
An animated triangular discussion as
to the time when the case should be
set for hearing then ensued, in which
District Attorney Erwin, Mr.. w. G..
Charlton, of counsel for the defense.
parts in the controversy were PLAYED
by Mr.. F. G. duBignon and Mr.. d. w.
Rountree.
Mr.. Erwin said that the proper pre-
paration of the case would consume at
least month and that the trial which
must ultimately take place would be
materially shortened If he were per-
mitted an opportunity to get in proper
shape for presentation the voluminous
tVFaT tlza4 1.
duced from the stand.
THE court looks upon your appli
cation with extreme disfavor," said
Judge Speer. The case should proceed
to trial at the earliest practicable date
and l cannot concede that the demands
OF justice require such postponement
as you suggest"
1t required three months to present
a pranch OF this case to a military
court-martial," said Mr.. Erwin.
But this is not a military court
martial" said Judge Speer.
And six months to place the evil
dence in this very case before the COM
missioner" continued Mr. Erwin.
Il am not a commissioner" said the
court.
To Begin Case on March 10.
MIR. Charlton Joined his arguments
TO those of the district attorney to Sc
cure such a continuance of the trial of
the case on the merits as had been
suggested, but none of these served to
move the court. Judge Speer finally
announced that he would assign the
trial for March 10 and from this posi-
ton he could not be dissuaded The
earnest pleas of counsel served to i'm
press him not at all, being convinced.
as he announced from the bench. that
the demands of public justice impera-
lively required that the case should
be tried as soon as practicable.
Judge Speer then asked the district
attorney II he had any notice of his
further intentions in the matter to
which the defendants were entitled.
why, none at ALL" said Mr. Erwin.
The court suggested that there had
been some intimation as to the inten-
ton of the district attorney to seek to
secure a new indictment.
Il had cherished such an intention -
was the reply. 'in the event the demur-
rer was In whole sustained. l don't
know now whether / shall seek TO Sc
cure new indictment or not"
The district attorney said further
that the defendants, must take notice
OF the processes and machinery of the
court, as they were now being prose-
cuted for the offenses they are alleged
20 have committed. II they failed "a
do 40 II was at their peril, and their
failure could not be ascrlbed 20 the
government.
I'm the interim between the trial OF
the case on the merits" asked the
court rs u your contention that the
defendanis should remain In this jurls-