The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-01-09
Green and .GaynOr at Last Ar
raigned in Court.
On Charge Conspiracy to De-
fraud the Government.
AFTER FOUR YEARS
Spent in Exile in Effort 10
Escape Prosecution.
Large Attendance and Formid-
able Array of Lawyers.

Savannah, Ga, Jan. 9.-After four
years spent in exile as fugitives from
law, Benjamin D. Greene and John
F. Gaynor appeared this morning in
the federal court for the southern
district Of Georgia before Judge
Emory Speer to answer to several in
dictments charging them with con-
spiracy to defraud the government
with embezzlement and with receiv-
ing money known to have been ern-
bezzled from the United States.
The attendance in the court room
was large. the interest among the
members Of the bar being particularly
intense.
With the two defendants appeared
Peter W. Meldrim as leading counsel,
and Osborne & Lawrence, as associate
counsel.
For the government appeared Spe-
cial .. S. Attorney General Marion
Erwin, assisted by Samuel B. Adams
ana Gen. Thomas F. Barr, u. S. army.
reured, and former judge advocate
general whom Mr.. Erwin introduced
10 the court as assigned by the attor-
ney general to assist in the prosecu-
ton.
Shortly after the convening of court
MI Erwin announced that at this
time he desired to call only the cases
of Benjamin D. Greene and John r
SIayll9r, making no allusion to the in-
olctments standing against the CO.
deIendants William 7. and Ward II.
Gaynors Michael A. Connolly and for
ner Captain Oberlin NJ. Carter, none
OF whom were in the city
Upon the request of Colonel Meldrin7
Adr. Erwin outlined the method Of pro-
cedure ne viii adopt in the trial OF the
cases. He will ask that the defendants
plead to the several indictments apainst
/ them, 1T being then his purpose to con-
/ soHdate all the charges and try the
accused upon the indictments the de-
tendants pleaded not guilty in 1902. be-
i fore they left for Quebec. fling bonds
4 OF $4O,OO0 each. A plea in abatement
1 was read by Col. Meldrirn holding that
sne court was without jurisdiction be-
/ winch the first bill of Indictment had
been found was not an extradfta bic Of
4 tense under the treaty obtaining with
1 canada. He asked the court to DIS
| charge the defendants from CUSTODY
Mr.. Erwin expressed a desire to file an
answer to the plea later suggesting that
! the case might proceed meantime.
The court tentatively took the same
1 view. Counsel for the defense objectC /
however, claiming that the question Of
/ the plea was one of vast importance and
| that it should be determined forthwith.
| The Indictment, said Colonel MeldriYn.
was found upon charge of conspiracy
Ihe British privy council HIS found
/ that conspiracy is not an extraditable
| offense between the United States and
the Dominion Of Canada. hence as the
defendants were extradited they can nos
| be tried upon an Indictment alleging
conspiracy. This. according to the de-
fense, should quash the two old Indict-
ments
Mr.. Erwin replied that he would re-
qurie time in which to formulate his
answer to the plea. He stated that
pleas in abatement had also been filed
| to the two indictments found last No
vember which were not based uDon the
| charge OF conspiracy but upon charges
of embezzlement and receiving money
| of the United States that the defend
ants knew to have been enbezzied. He
was granted a recess of two hours in
which to prepare his answers.