The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1906-02-06

Savannah, Ga, February dis
trict Attorney Marion Erwin. VIC is
conducting the prosecution Of Greene
and Gaynor, today began to associate
the evidence he is introducing. Hith-
erto the vouchers, contracts, letters
and checks have been put in without
any connection being established, but
Mr.. Erwin has now begun to associate
them. and the case begins to unfold
itself TO the jury along the lines he
mapped out in his opening statement.
George w. Marion, deputy United
States treasurer. in charge Of the sub
treasury at New York, was on the
stand for a considerable part of the
session, his evidence relating to the
checks paid Greene and GaynOr for
contracts for river and harDOr work..
ContiCual objections were offered
by the defense. but all were Overruled
by the court. One objection offered by
Mr.. sborn for the defense was pro-
nOunced by the court with all defer
ence to counsel to be SO immaterial
as not even require a ruling by the
court.
Attorney Osborne for the defense
asked MarlOr specifically about the
payment of the checks issued by Car
ter TO Greene ard Gaynor, and he said
he remembered but one instance where
to his own personal knowledge pay
ment was made. This was upon a
check of about $4,000 lie identi-
fed checks paid over the counter of
the S~uD-treasury in 1898. Mr.. Marion
said Gaynor came to the su~D-treasury
with Cashier ByrneS of the American
Exchange National Bank. Mr.. Os-
borne drew an admission from the wit
ness that there was a financial strin-
gency IN New York in 1896 when Cay
nor cashe his first checks and that
unusual care was AXE by the banks
in paying checks. The two checks for
~S345,O00 and $23O.0OO were paid
through the New York clearing house.
Eighteen of the twenty one cheeks
shown by Mr.. MarlOr's list were CASH
ed in 1858, during the panic. Mr.. Os-
borne said, but the witness found there
were onlV fifteen. Mr.. Osborne sald
the district attorney was desirous or
making capital out of the fact that
cash was secured upon the checks,
implying that there were mysterious
and criminal transactions indicated
because the defendants did not deposit
the checks and thus establish records
and leave their tracks clear.
The defense i~nterposed formal OBJ
lection to the admission of the checks
as evidence again. maintaining that
conspiracy was involved and was not
an extraditable offense. The cheeks
we're admitted, the defense ~ept
What Mr.. Osborn has brought ou'
by his line of examination Of the wit
nesses," the district attorney said, is
nothing to what we will show shortly
regarding these checks"
The court decided to let the Ques-
ton of the submission of documentary
evidence to the jury await the con
clusion of arguments of cCunsel TO-
ward the close of the case.
Mr.. Marion identified a receipt o.
the s~ub-treasurer at New York. datec
July 3, 1897. of $6O6,499 from tn
treasury department to be placed tc
the credit of Captain Carter subJec'
to his checks in payment for haroo1
improvements. Mr.. Marion submlttet
a great ledger from the s~ub-treasury
Captain Carriers o was Iou'i'
and credits and charges shown.
John Morris of rmer
ookkeeper of the Merchants Natlona
Bank where Carter kept his funds
identified several lists of cancelled dis
bursting checks drawn by Carter. IN
checks were admitted over the dc
fense's objections.
NJ Sterlev identified further con
tracts awarded from the officers o
Carter the purpose of the district at
tornev he explained. being to SNOW
that though these contracts were Is
sued under various names, they wer
all. with one exception, really issued [
the defendants. Comparison of cneck
and contracts was made, the W1thes
identifying h checks as having pee
paid on contracts.
Of date of January %, 1890, a lette
from Carter to B. D. Greene, was feae
complimenting Greene n Gaynor o
the work done in construction OF III
Tybee retaining wall. 10000 feet ION
and expressing entire s~atlsfactlon .
the mart of the United States.
The court adjourned until torioi
row.