The Montgomery advertiser., 1906-01-09
STEER A PARTISAN
GREENE AND GAYNOR DECLARE HE
 IS PREJUDICED.
Men Accused Of DefraudinE the Gov ernment of $2,00O,000 File Plea
 in Abatement to Indict-
 ments of Last November.


 Savannah. Ga. Jan. S.--PreliminarS to the trial of Benjamin D. Greene. John F. Gaynor, William Gaynor and Ed- ward F. Gaynor on the charge oe em- bezzling and receiving some s2,00o,000 that belonged to the United States, which will be called in the Federal Cout tomorrow morning. the defense this afternoon filed plea In abate- ment to the two indictments that were found last November and served Special Assistant United States Attorney Ma rion Erwin with notice to produce the original of telegram Greene and John F. Gaynor claim they sent to Attorney General Knox while they were In Que bee early In 1902.
 The plea in abatement Is based upon the contention that the grand jury that found the last bills of indictment against Greene and the Gaynors had no legal existence for several reasons, which are enumerated. The defendants say that the indictments should be ouashed. One of the contentious is that the members of the grand jury were drawn from the Southwestern Division of the Southern District of Georgia in- stead of the Eastern Division. Sections of the Federal statutes are quoted to support the contention.
 Another contention is that the names of the grand jurors who returned the indictments were improperly prepared, that Judge Speer appointed a special jury commission to prepare a list of the Jurors for this case and that he had no authority to make such special ap- pointments.
 The following is a copy of the tele- gram the defendants claim they sent and which they wish produced fin court in the original:
 Quebec, March 23. 1902. To Attorney General Knox, Washing
 ton, D. C.:
 The undersigned respectfully say: They have no wish to defy or evade the law or authority of the United States: they do not regard themselves fugitiyes from justice but from injus- tIce and persecution. The acts and words of the tudgo of the Southern Dis trIct of Georgia leave no doubt on that point.
 In May, 1900, his conduct was so se- verely commented upon by The New York Sun as to say, Tt was evident they (the undersigned cannot have fair trial before the judge of the South ern district of Georgia.
 He has been heard to say more than once in the hotel lobby in Savannah that he expected this case to put him on the Supreme bench and District At torney Erwin in hls place. His conduct in the matter of the recent indictment is evidence of his partisan zeal beyond justice or discretion.
 The undersigned do not wish here to eo fully into thls subject. They appeal to the Attorney -General to investigate for himself.
 If the Attorney-General can arrange to take the indictment that stood against the undersigned when they left Savannah. February 24, before any fudge fin New York, they will agree to waive all objections as to Jurisdiction and return at once for trial. They be- Iieve if their duty and right to resist here and everywhere all attempts to take them to the Southern District of Georgia They fail to see wherein their cond1rt is less justifiab1e than that of an ex-C;ovclnor who seeks refuge in neiphboring state. and is protected there. though he is charged with more serious offense than the under signed. r......, .,.-.- ...,,
 As to the charge of fraud they are viI1ins to leave the whole matter to inc three civil engineers on the Nica- ra gna canal Commission or any other inn1artiaIly constituted board of en- r-inocrs Benjamin D. Greepe John F. Gaynor.