The Savannah morning news., 1902-02-12
THEIR TRIAL BEGUN
GREENE AND GAYNORs ARRAIGN-
ED FOR GIANT FRAUDS.
THE INDICTMENT ATTACKED.
PLEAS IN ABATEMENT SAY IT'S
MARRIED BY FATAL DEFECTS.

Co-cOnspiratOrs ON Tria1-StOOd
for Forty Minutes During the
Reading of the Indictment-Then
the Pleas in Abatement Were
FiIed-They Follow in Substance
Attacks Made on Indictment In
Former Proceedings.
The trial of former Capt. Oberlin
M. Carriers alleged co-conspirators, for
frauds connected with the works of
harbor improvement at Savannah and
Brunswick, was begun in the United
States District Court, before Judge
Emory Speer, at noon yesterday, when
BENJAMIN D. Greene, John F., Edward
H. and William r. Gaynor were for
mally arraigned.
Michael A. Connolly. who was pres
ent in court with his counsel Mr..
George A. Mercer, Jr., was not ar
raigned or required to plead. The four
other defendants, asked by the district
attorney to say whether they were
guilty or not guilty, declined to plead
to the merits and instead filed their
pleas in abatement of the indictment.
When court convenes this morning the
answer of the government to these
pleas will be filed.
After the case was called the first
business was the introduction to the
court, save in it's legal sense some
what unnecessary, of Mr.. Samuel b.
Adams, who Mr. Erwin stated had
been chosen by the attorney general
to assist in the prosecution. Mr..
Adams took the oath of office as spe-
cial assistant district attorney.
1t was solemn and stately, even if
a somewhat tiresome and uninteresting
proceeding that took place in the court
room yesterday. The defendants and
their counsel were not prepared to
make their appearance and file their
pleas at 10 o'clock and, by the court
esy of the district attorney and the
court, they were permitted until noon.
Shortly before that hour and after the
civil business for the day had received
attention, the four defendants, accom-
panied by their counsel, filed into the
court room and took their seats.
wish to call. Mr.. District Attorney"
said Judge Speer. interrogatively.
IF your honor please" said Mr.. Err
win, Il will call the case of the United
States against Benjamin d. Greene and
others"
court.
Marshal Barnes beckoned to Capt
Greene, Col. Gaynor and the two other
defendants and they came forward and
stood in front of the bench, facing
Judge Speer with steady composure.
The tall form of Capt. Greene, stand
ing at the right of the line, lowered
above his shorter companions, and his
was the striking figure of the tableau
vivant the court room then presented.
Grim and gray, dignified in manner
and appearance. facing his accusers
with all the outward seeming of polite
indifference, though with all due atten-
ton and respect and courtesy, for an
hour he drew attention, even from the
judge and the bench, and held it for
himself.
A morbid curiosity contributed
largely, of course. to this effect. but
whatever view a spectator might take
of the proceedings and of the guilt of
the accused, it was impossible for
Elm 10 withhold certain
admiration for this old soldier. who
stood the gaze of the curious and the
hostile so easily and so we'll
The Arrangement Proceeds
The district attorney began the read
ing of the indictment and for forty
minutes the reading continued. II
would be fulsome to go into its many
allegations, all of which have often
times in the past been told and retold
IN the Morning News. The alleged
conspiracy to defraud the government.
through the furnishing by the contrac-
tors and the acceptance by the engin-
eer officer in charge. of work and ma
terial inferior to the contract require
ments, the further conspiracy to pre-
vent competition, by the use of speci-
fcations so ambiguous in terms and
meaning as to permit only those hav-
ing guilty knowledge of the conspir-
acy 10 DID with advantage, and the
several overt acts alleged to have been
committed in furtherance of this con-
spiracy, were all set out in detail and
at length.
ITO this indictment" said the district
attorney, how say you. Benjamin d.
Greene, are you kuilty or not guilty?''
To the indictment" said Mr.. duBig-
non, answering quickly for his client,
the defendant wishes to file certain
pleas in abatement" The same answer
was given to the question as it was
asked each of the other defendants.
The pleas in abatement were not
read, but were simply filed in court.
Mr.. duBignon stated that counsel had
prepared also a demurrer to the indict-
ment, that could be filed at the same
time as the pleas in abatement, IL the
district attorney so desired.
That is question: answered the
district attorney, that counsel must
decide for themselves. ! don't care to
be understood as giving my consent to
any course they see fit to adopt as ia
the time they shall file their demurrers
or pleas"
"As / understand IT," said Judge
Speer, 1.-THE defendants simply offer 10
hle now their demurrer as we'll as their
plea"
III your honor pie aae," said Mr.. Err
win, Il don't wish to be committed on
this subject, nor do / care to have
your honor committed, without an Oh.
portunity given me 20 argue the ques.
ton"
why" said Judge speer, the oour,
IL simply stating the position OF coun.
sci, and II not committed 20 any View
~ IL. / trust Il is not believed OF this
court, as WAS said In the Pick.
wick Papers Of one illustrl0ui
Justice, that every time he committed
prisoner, he committed himself "