The Birmingham age-herald., 1906-04-14
JET FOUR YEARS AND FINE OF S575,7s49O Greene and Gaynor Will Appeal
 the Case STEER DOES HIS DUTY
In Sentencing the Men Convicted of Embezzlement and Conspiracy to Defraud He Points Out Trl-
 umph of the Law.

Savannah. April 1s.-Benjamin D. Greene and John F. Gaynor were sent enced by Judge Emory speer in the fed eral court this morning to serve four years in the federal prison at Atlanta. and to pay each a fine of s575. .7949o. the amount they are charged with having em- bezzled.
 Upon one indictment the sentence was two years. and on each of the other h. dictments four years. but the court direct- ed that the sentence might all be served concurrently, which reduced the term to four years. Thus with the allowance of three months off of each year during which the behavior of the prisoners may be granted, the sentence reduces to three years.
 The fine need not be paid if on complet- ing the sentence the prisoners make af- fidaYit that they are not possessed of more than $2o. In lieu of paying the fine. they then may serve thirty days longer.
 Counsel for the prisoners announce that an appeal will be taken. An order of court grants ten days for the filing of bill of exceptions, upon which mo- tion for a new trial will be prsdicated
 Is Painful Duty to Perform.
 Judge Speer in sentencing the prisoners said in part:
 "The most painful judicial duty is the imposition of a sentence to penal servi- tude. This is peculiarly true when those convicted are men of fine intelligence, men of affairs. men who have had the opportunities of education, or who have been trained by the teachings of experi- enee. Peculiarly painful Is that duty when the convicted have filled positions of responsibility, of honor and of trust. All of these conditions are present E the duty before me One of the prison CTS has been distinguished by hls state, has been an important official of one of the great political parties, man of large acquaintance. perhaps with multi tudes of earnest friends. The other is a graduate of distinction of our great mlli- tary academy at West Point, and he at one t'me was aptain In that famous corps of engineers whose roster bears such names as Robert E. Lee and George Gordon Meade, a corps whose record was stainless before the occurrences which have been developed in evidence here.
 Falsifies Such Pessimism. T am told that 1t has been eynically said by a famous New Yorker that no man who has a million dollars can be convicted of crime in America The yer dict of this Jury of plain, clear sighted, honest Americans, has falslfied such pess- imism. Of that jury it may be said that there Is perhaps not a man who cannot trace his ancestry to a patriot of the revolution which established American independence. It Is true as l have often declared that to the homogeneous Ameri- canism of these southern states when they are plainly shown their duty, our country may ever look with confidence for the enforcement of its laws and for the maintenance of it's institutions Nor can 1t be questioned that these insttu- tions are in jeopardy t such fragrant spoliation of the public treasury as proven in this case, could go unwhipped of jus tice''