The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-01-26
THEY ALL MUST PLEAD.
sPIRAToRs TO BE ARRArGNED.
.prEH GREENE GAYNoR CON-

Judse speer Sets the Time When
They Must Answer to the Indict-
crt and mt which the Case VIII
he Assigned for Feb. 11-Greene,
the GaynOrs and Connolly Must
AU.ver Then-Rountree and Fell
dor. of Atlanta, to BE of Counsel.
CASTOR Street Paving Case Also to
lie Acknowledgement Disagree as
20 Proper Time for Trial.
The defendants in the case of the
l-,ited States against Oberlin NJ. Car
.or BENJAMIN D. Greene, John F. Gay
nor. Edward H. Gaynor William T.
cavnor and Michael A. Connolly will
he required to plead to the indictment
cor conspiracy to defraud now pending
oOainst them, in the United States Dis
.rict Court, on the morning of Feb. IL.
When Judge Emory Speer went on
the bench yesterday morning for the
nurpose of assigning cases for the next
term of the District Court, the case in
which the defendants named are
charged with the successful execution
Of q conspiracy to defraud the govern
ment of more than 100000 was put
down for the first day of the term.
# is not probable that the trial of the
famous case will begin on the day
named, but it will be taken up that
dav when the defendants and their
counsel are present, and day for the
beginning of the trial positively and
definitely fixed. Civil cases have been
assigned for trial practically through
the month of February, and it is not
likely that the Carter Green-Gaynor
conspiracy trial will begin much before
March l. Mr.. w. ID. Rountree of At
lanta. who, with his partner, Mr.. T. B.
Fielder, will be of counsel for the de-
PENDANTS, was in court yesterday, but
did not seem to think that anything
that was done demanded a statement
from him of the position of his clients
and had nothing to say.
The case of G.. w. Owens and others
against the city, which involves the
troublous question of the CASTOR street
having ordinance and it's constitution
allty, was also dSSlSuGQ Luz Lie llISI
day of the term. From the remarks of
counsel in court yesterday it seemed
liey that there would be a. reassign-
ment when the case was called.
A particularly funny incident of the
ouasi-assignment proceedings was the
apparent disagreement between two
of the numerous counsel for the plain
tiffs, Capt. H. c. Cunningham and Mr..
w H. Wade. Judge Speer had sug-
gested that it might be as well for the
case to wait, as the city manifested
no present intention of doing anything
about the street. This brought Capt.
Cunningham to his feet.
why, yes, let it wait" he said. eff
It hangs on until next election we may
be able to beat the present admins
tration on this very question"
With this view of the matter, how
ever, Mr.. Wade could not agree. He
wanted the whole thing settled before
election and out of the way by that
time. IF the city has a right to pave
the street, it ought to be paved, and
if the petition of Council in the mat
ter is wrong that ought to be deter
mined The present condition of the
street is a disgrace to the city
The discussion over the CASTOR
street paving case in the court room
provoked considerable comment on the
streets. reports OIL IL reached Acting
Mayor Dixon, who was seen and asked
how he had been impressed by the ac-
counts that he had received.
Council unanimously instructed the
city attorney said Mr.. Dixon, ito
fight the case to the bitter end, and
to secure a trial as early as possible,
and ! am astounded at the, statements
made in open court this morning"
Judge Speer was on the bench for
nearly two hours during the morning,
in which time he assigned number of
cases and passed two or more orders
IN the Woods & Malone bankruptcy
case These orders were at the instance
OF persons who claim that cotton ship
ped by them to the bankrupts on con-
Segment is now in the hands of the
trustee, or else that it's proceeds are in
MS hands, and that they are entitled
TO recover from the trustee either the
cotton or the money. The orders passed
by the court require Mr.. George S.
Haines, the trustee, to show cause on
FEB. II why the recovery prayed for
should not be had.
District Attorney Marion Erwin was
not in court when the assignment of
cases was in progress, and it is for this
reason probably that no definite assign
ment Of criminal cases was made. Mr..
Erwin who has bpaT1 Of thn North did