The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-07-19
ERWIN AND GREENE
THEIR CONTRADICTORY AFFIDA-
WITS FILED IN COURT.
VERY MATERIAL DIFFERENCE.
COLLoQUY BETWEEN THEM DE-
TAILED BY EACH.

$500,O9O Offer Was Mnde-Erwfn
Shows That He Went to See Greene I
at the Latter's Written Request.
Only the Two Were Present.
Greene offered to Pay $500, 200 in
Settlement, to Include the Forfeit
ed Bonds, on Condition That Grim
inaI Prosecution Re Dropped-This
Offer He Was Unable to Accept.
Quebec, July 1S.-To-day's proceed
ings in the Gaynor- Greene case con-
sisted principally in the filing of affi-
davits and ra-affidavits and it was
only short time before the adjourn
ment of the court that Mr.. McMaster
for the prosecution commenced his ar
gument on his motions to quash the
halbeas corpus writs issued by Judge
Caron on June 20 and q, last.
The proceedings were opened by Mr..
Taschereau, counsel for the prisoners,
who produced affidavits of Benjamin
D. Greene that on May II, Mr.. Erwin
called on him at the Windsor Hotel,
Montreal, when Erwin said to Greene:
IF you will pay 100000 to settle the
whole matter, L will go at once to
Washington and advise it's accept
ance."
Greene replied that he could not
stand that because he had not money
enough to pay his half of the amount,
but that Erwin said:
"Gaynor has enough, don't know
where it is, but he has it,
To this Greene said:
If you win say 100000, I will talk
with Col. Gaynor about it,
Erwin replied. the affidavit con-
tinues:
That will not be enough
Greene then added:
What do you think of $500 0O0?"
He said:
Il don't think that is enough, but
you don't want to go through the rest
of your life hunted wherever you go.
and you must remember that If you
are extradited and are in Georgia it
Will be too late to make a settlement"
Greene finally replied:
Well anyway, l don't see how we
can pay any money, because that
would be an admission on our part that
We have received money wrongfully,
that we have not done"
Greene swore that this talk of a set
criminal proceedings against them and
not to any civil claim. This affidavit
was supported by another from Mrs. ].
F. Gaynor.
Erwin Replies to Greene.
Mr.. McMaster read an affidavit sign
ed by Marion Erwin, completely deny
ing the allegations contained in the af-
fidavits of Mr.. Greene and Mrs. GAY
nor. Regarding the interview between
Greene and himself, Mr. Erwin stated
that on his return to his room in the
Windsor on the afternoon of May II.
he found note there in which he rec
ognlzed the handwriting of B. D.
Greene, which note was as follows:
If you call to see me at any time
to-day you will do me great favor"
The original of this note is in pos
session of Mr.. Erwin and was shown
to Judge Caron.
In response to that request he went
to Greene's room and the latter opened
the conversation by saying that while
he knew that Erwin had been prose-
cutting him vigorously for over two
years, he wanted to thank him for hay-
ing always treated him with persorsl
consideration. He then said he and
Gaynor would be willing to pay the
government $500, 900 in settlement of the
entire litigation, to include the $4,000 |
claimed on forfeited recognizances.'
which he said We're secured by assets |
put up by Gaynor and himself with |
the sureties but that if he settled the |
civil claims it must carry with it The |
dismissal of the criminal proceedings. |
l replied that 1 knew of no law for |
settling the criminal case, but that if |
he made restitution of the govern |
ments actual loss, did not know |
what view of leniency might be taken |
by the government; l had no author |
ity in the matter and that the amount |
he offered in settlement of the gov |
ernments civil claim was not sutfi- |
GENTLY large for me to recommend to
the Attorney General"
What Greene Said to Erwin.
Erwin's affidavit continued in SUBJ
stance:
II called his attention to the fact |
that he and Gaynor had already for |
feited bonds in the sum of $4,000 each. |
He replied that he had left the United |
States because he had resolved never |
to be put in Jail as a convict; that he |
had come to Canada with the expecta-
ton that after a year or two his |
friends in the United States would eff
feet settlement Of the civil claims of /
the government against him and then
he could probably obtain a dismissal of |
the criminal prosecution. he said that |
he had not given his personal word
that he would not run off from the
prosecution in Georgia. but he would
pledge me his word of honor that if 1
would agree to his giving bond be-
fore Judge Lafontaine he would not
run off. He then referred to the fact
that the government had already tied |
up by civil proceedings half million
dollars of assets, of what the govern
ment claimed was o. NJ. Carriers share
in the fraud, and asked me what was
the exact amount the government
claimed that he and John F. Gaynor
had received as their share / replied |
that we claimed that he and Gaynor
had received 81 400. 900 as their share
in the fraud. He replied that he was
in no position, and had not sufficient
means to meet such a claim, but that
if the extradition proceedings at Mon
treal proceeded for any length of tine
it was probable he might desire to
give bonds.
The other affidavits practically con-
tain the same statement as that mem
toned last week in Mr.. Erwin's reply
to Mr.. Taschereau's statement.
No Ono Else Was Present.
Mr.. McAdaster also produced afidavfts
from Detectives O'Keefe and Sloan of
Montreal, who swore that when the
interview took place between Erwin
and Greene only these two were in the
room.
Mr.. McMaster in conclusion remarked