The Savannah morning news., 1902-03-11
MAY DEAL LENIENTLY
IF GREENE AND GAYNoR SHOW UP
ON ST. PATRICK'S DAY.
JUDGE MAY NOT HOLD BONDS
LAWYERS LOOK FOR THE FUGI-
TIvEs ON DAY SET FOR TRIAL.

Heard From the Delinquents.
passed to Leniency as TO the Bonds
in the Event of Their Appearance.
Demurrers OverruIed-Ed and VIII
GaynOr Must Report in Court
Twice a Day From Now on.
Interest in the Greene Gaynor trial
now centers around March II. On that
day the trial of the case on it's merits
has been assigned to begin. William
5. Kirk, bondsman for John r. Gay
nor. says that his principal will be
in court on that day, and Judge Speer
intinlated yesterday from the bench
that in the event of such an appear
ance the court might possibly be dis
posed to deal leniently in the matter of
the forfeited bonds.
Counsel for the fugitives have been
in the habit of declaring that they be-
lieved their clients would show up next
Monday, though they have never as
signed what seems to be an adequate
reason for the belief. They have, in
fact, assigned no reason that is consis-
tent with the determined refusal of
Greene and Col Gaynor to obey the
mandate of the court. and their obsti-
nate silence-a silence that has extend
ed to their fellow defendants.
In the temporary cessation of Incl
dent that followed the arguments in
the District Court yesterday, Judge
Speer delivered his intimation on the
subject of the bonds.
Judge Speer's Suggestion.
IL would advise counsel" he said,
''to get into communication with their
clients if they can possible do so, and
advise the absent defendants to appear
in court on March II. Should they pre-
sent themselves at that time the court
might be disposed to deal leniently
with them in the matter of the for
feited bonds"
Both Mr.. dLLignon and Mr.. Charlton
stated that they were in complete ig-
norance of the movements and where
abouts of Greene and Col Gaynor
though both reiterated their belief that
they would be on hand on the day set
for the trial.
There are many people in Savannah
who share this belief, though there
seems to be nobody who has a reason,
based on information he is willing to
share with the public. The principal
reason for the widely entertained con-
viction that the defendants will APP
pear is the further conviction, equally
strong and equally widely entertained.
that it would be foolish for them to do
anything else.
The Demurrer OverruIed
The demurrer of Edward H. Gaynor
and William r. Gaynor to the indict
ment returned at the present term of
the District Court. charging them with
conspiring with others to defraud the
government, was overruled yesterday
by Judge Speer.
Nothing had been heard from either
Capt Greene or Col. Gaynor and no
plea of any character has yet been
made in their behalf. The two defen-
dants present in court filed pleas of
the statute of limitations, in which it is
alleged that the statutory period of
three years had elapsed after the COM
mission Of the offenses with which they
are charged and before the return of
the indictment against them. The de-
PENDANTS filed also formal pleas of not
guilty.
Arguments upon the demurrer were
concluded yesterday morning. Mr.
Adams discussing for a few minutes
certain authorities bearing upon the
case to which he had expressed a de-
sire to direct the attention of the court
and Mr.. D. W. Rountree making the
concluding argument for the defend
ants. Immediately upon the conclusion
of Mr.. Rountree's argument Judge
Speer rendered his decision overruling
the demurrer.
Ground of the Decision.
Judge Speer based his decision upon
two grounds. The first was that with
the exception of the clauses of demur-
rer setting up the alleged lapse of the
period of the statute of limitations, the
demurrer was fully covered by the de-
cision of the court ON the demurrer to
the first Indictment. The second ground
of decision was that a demurrer is not
the proper method of pleading the
statute of limitations.
Upon the rendition of the decision
overruling the demurrer, the defend
ants filed what were termed by counsel
special pleas in bar, based upon the
lapse of the period of the statute of
limitations. These refer to the second
Indictment and allege that from the
time of the commission of the offenses
charged against, more than three years
elapsed before the return of the indict-
ment.
The defendants say that they were
never fugitives from justice, but that
during the entire period in question
they were residents and citizens of the
United States, Edward H. Gaynor MAX
ing his home in Boston and William T.
GayuCr in Syracuse. They spent part
of their time in these cities and part in
New York, and on several occasions, in
the conduct of their business, they were
present in the Southern District of
Georgia. They allege that they never
made any effort whatever to conceal
the place of their residence or to keep
in hiding themselves, but that at all
times their residence was public, open
and notorious, and their whereabouts
well known to the officers of the court.
Ask for Special Issue.
Counsel for the defendants stated
that they wished to have a special issue
made of these pleas, to be tried by a
jury before the trial on the merits. To
De he off