The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-03-18
UNTIL ITS MAY TERM
GREENE-GAYNOR CASE WAS con-
TINUED IN DISTRICT COURT.
ABSENCE OF DEFENDANTS
CAUSED GOVERNMENT TO ASH
THIS COURSE BE FOLLOWED.

Bonds of Absent Defendants For
feited, aud the Chance of ReIiev-
ing the Forfeiture Now Believed
TO BE Gone Forever-Mr. Adams
Appeared for the Government, Mr..
Erwin Being still in Washington
order Requiring VIII and Ed
Caynor to Report Twice Daily
Abroeated. and These Defendant
Excused Until the May Term.
They Have Left for New York.
The case of the United States.
against Greene and the Gaynors has
been continued until the MAY term of
the District Court This disposition of
the case was made at the instance of
the government, and was in accordance
with the prediction made yesterday in
the Morning News.
The bonds of the absent defendants,
BENJAMIN D. Greene and John F. Gay
nor. now fugitives from justice at Que
bee. were forfeited. and scire facias
,,non the bonds was directed to be is
sued. Each of the bonds is for $4,000,
Greene's being signed by James D.
Leary of New York, as surety and
that of Gaynor by William B, Kirk
of Syracuse, in the same capacity.
The absent defendants were called
formally in court yesterday morning
and when they failed to answer their
sureties were called upon to produce
their bodies. There was no response
and the order of forfeiture was taken
at the instance of Special Assistant
District Attorney Adams, with the &C
ouiescence of the court. District AT
rornev Erwin was not present.
Mr.. Adams said that because Of the
absence of the principal defendants in
the case. the government was not pre-
pared 10 proceed with the trial, ana
on this account asked that the case
be continued. There was no opposition
TO such a course manifested by coun-
sci for Edward II. ard William T.
Gaynor. the two defendants present IN
court. and this course was taken.
Mr.. Abram ]. Rose of New York.
whose presence in the city and con-
nection with the case the Morning
News announced yesterday was in
court with Mr.. L. g. duBignon, MI.
W. G. Charlton and Mr.. D. A. Roun-
tree the defendants other counsel, but
had nothing to say.
Indeed Mr. duBignon was the only
sneaker for the accused, and his le-
marks We're concerned with matter
outside the formal conduct Of me case.
He reminded the court that Tor some
time the two defendants here had re-
ported twice n day to the marshal in
compliance with the courts order, and
ASKED il this order would be continued
in force IT the defenders permitted
TO absent themselves from the city
during the time intervening between
now and the day for which their case
has been assigned.
Judge Speer promptly stated that
the liberty asked or indicated in the
remarks of counsel would be granted
the defendants.
Il have no criticism to make upon
their conduct" said the court. They
are under bond. and they will be ex-
cused from attendance upon the court
until the first day of the May term"
The order signed by Judge Speer
provides for the forfeiture of the abb
sent defendants bonds, as well as for
the continuance of the case. 1t recites
the failure of the defendants to appear
on March 6, when they were directed
to appear, on March Z when that day
OF grace was allowed them, and on
March II, yesterday, the day for which
the trial of the case on its merits was
originally assigned. 1t declares the
bonds forfeited.
Under ordinary circumstances it
might be possible for the defendants to
present themselves in court at the next
term of the court. and thus have the
forfeiture of their bonds reconsidered
and their sureties. perhaps, relieved
1t is not believed that this will be pos
sible in the present case, but that the
defendants. having exhibited by their
actions a defiant disregard of the or
ders of the court their recognizances
will remain forfeited, no matter what
future events NAV develop.
Ed and VIII Gaynor left yesterday
for New York and were followed on
the next train by Mr.. Rose. No APP
prehension is felt here that these two
defendants will follow the example set
them by Greene and John Gaynor and
seek in any way to evade the process
of the court or to avoid their trial.