The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1902-03-13
GAYN0R AND GREEN SKIP OUT.
Fail to Show Up In Court and Their
Bonds Are Forfe;ted-Hot Roast
BY Judge Speer.

In the United States district court
at Savannah, Ca, Friday morning
Judge Emory Speer estreated the
bonds of Benjamin D. Greene and
John F. Gaynor, charged with conspir
acy against the United States and
bench warrants have been issued for
their arrest.
William T. and Ed B. Gaynor were
in court and were arragned on the
new Indictment recently found against
them and the others.
A plea of abatement was presented
by their attorneys.
The bonds of Greene and John F.
Gaynor are for $4,000 each. Greene's
bond is signed by James D. Leary, of
New York, and Gaynor's by William
B. Kirk, of Syracuse.
Judge Speer took occasion to an
nounce from the bench his disapproval
of the manner in which the missing
defendants have treated the case
against them. He said they had been
trifing with justice.
In estreating the Greene.Gaynor
bond Judge Speer said:
''This is a case which calls for the
prompt and unremitting exercise Of
the executive powers of the govern
ment until these recalcitrant defend
ants, D. B. Greene and John F. Gaynor
are brought to the bar Of this court
for trial.
"They have been indicted by two
successive grand juries for alleged
frauds upon the public treasuy of the
most stupendous character. If the
charges in the indictment are true,
their speculations amount to hundreds
of thousands. perhaps millions, Of dol
lars
"They were first indicted more than
two years ago, and after successfully
delaying the execution of the process
Of a court of the United States and
placing an enormous cost upon the
government in the attempt to enforce
it's authority, they were finally COM
PEELED to appear for trial at this term
of court. The term has lasted for
nearly month. 1t has been almost
entirely devoted to the laborious and
careful disposition of dilatory or pre-
liminary objections interposed by their
counsel, and when finally ordered to
appear and plead, as they were bound
to do by their bond, in apparent disre-
gard of authority of the law, they are
now fugitives.
They are both, l learn, men Of fine
intelligence. They, as well as do their
counsel here and elsewhere, fully un-
derstand their duty to be present. The
government officers have been at great
labor and the government itself at
great expense in preparing for their
trial. Indeed, the conduct Of these
men, unexplained with regards to their
non-appearance, is an outrage upon
public justice. From the inception of
their efforts to delay or defeat the
trial upon indictment for the serious
charge preferred against them, this
court has done all in its power to en-
force its regular process to bring
about the speedy and impartial trial
contemplated by the constitution in
the usual and orderly manner estab-
lished, not only by the statutes, but
by the time honored precedents Of the
United States courts.
"The case dragged it's slow length
along before the commissioner and
district jury in New York and was
thence carried to the supreme court Of
the United States and, after final judg-
ment of that high tribunal, the &C
cused were compelled to come here
for trial. Its most baneful effect is the
example it offered Of the paralysis Of
the law.
these men are presumed to be In
nocent Of the crime charged. My re-
marks exclusively relate to the man
ner in which the process Of this court
has been held up and arrested and the
unexplained contempt on the part Of
these persons Of it's orders"