The Montgomery advertiser., 1906-02-03
MANY MIXED UP
ERWIN SAYS SEVERAL GAYNoRs
 HAD HAND IN GRAFT.
Taking of Testimony Continues In TrigI of the Alleged Partners of Captain Carter in Defrauding
 Government.

Captain Carter in Oefrauding Government.
 Savannah, Ga. Feb. 2--Upon the re- convening of the Federal court today J. w. Osteriy. Chief Clerk in the Saw annah offiee If United States Engineer resumed the stand.
 Mir Erwin rendered blank specified tions for the 1892 contract explaining its relevancy in connection with the let ter of Carter to the Secretary of State of West Virginia. asking for a certi- fled copy If Nthe charter of the Atlan- { tic Contracting Company, for which Carter had paid $5 from his own pri- vate funds. ten days before the bids on the contract were opened. The bids, he said, were to have been opened Au- gust 20 but the advertisement was re- tiled and the bids submitted returned uno ened. Subsequently there was new advertisement and an opening of bids September IT, 1899. MT. Erwin drew from the witness that the Atlantic Construction Ccmpa- ny had not written for. specifications and inferred there was An understand ing among the alleged conspirators | that the bid of the company would be offered. Mir. Erwin presented cheeks that he claimed connected Edward H. i Gaynor, w. T. Gay or John F. Gaynor and B. D. Greene with the Big Con- tract" of 1893. saying that thereby he must have shown to the court the ! relevancy of some evidence submi. .ed few days ago and which the court had reserved the right tc exclude un- less such relevancy might be estab- llished.
 Mir. Erwin concluded the introduction of the vouchers. contracts and checks relating to the Savannah river work and the Cumberland Sound contract was taken lip, Edward Gaynor ap- peared as bondsrnau on this contract and the defense maintained that it was Fthe fnther of the defendant instead of Edward H. Gaynor.
 We will show that pretty much the whole Gaynor family was mixed up in this business" said Mir. Erwin.
 The conclusion he would show. he said. was that Carter was a partner in the Atlantic Contracting Company. in which the defendants were the hold CTS Of nearly all the stock. Carter's letters to the Secretary of State Of West Virginia, he said, was the earliest known ccnnerticn of the ofHcer of en- gineers with the contracting company.
 MT Osbornes questioning of Mir. Osterly indicated that no understand ing between Carter and the defendants was required for Carter to have known that the Atlantic Contracting Company was a bidder on the contract. The in-
 
 Osborne held. was natural. and the specifications had been requested by the Atlantic Contracting Company, but Mir. StirIey did not bear out this view saying that the inquiry should have been made after the bids had been opened. No eference was made by the defense to tn ravraent of the fee of $5 from Carter's own funds.
 By Arthur S. Cooper, an assistant engineer under-carter MT, Erwin es- tablished the connection between Ed. ward H. Gaynor an dthe Cumberlqnd contract. Gayncr having superintended the work. Asked by the court for what purpose he was introducing checks re- lating to Anson NJ. Bangs Cumberland, contract Mir. Erwin said 1t was to show that Blngs WIS but figurehead. the money really going to Greene and the Gaynors as shown by the enaOrse- mems of these latter on the checks.
 Furthermore. he said that he would show that the plan of the Atlantic con- tracing company was used in doing the work on the Bangs contract and that T3angss name was simply used as blind as were those of several others to- make 1t appear at Washington that the contracts were going to ofher ccn- tractors. Garter was being paid by freene and Gaynor all the while up to 1892, said the district attorney. but it was nOL uf1LiI teHI tndt lUG dIiesSu ul~ vision into thirds between Greene and John P. Gayuor and Carter began
 Mir. Cooper tcstiaeE that on one Cum berIani sound contract granted to Charles c. Ely the work was done by the Greene and Gaynor outfit. that John H. Gaynor. a cousin Of John F. Gay nor surArintendeS 1t. and that he new CT once saw Ely ebcut the work.
 4 contract with William H. Walsh for work at Fort Clinch was exhibited. MT. Cooper said Walsh was foreman for Greene and Glynnr. The check in payment was ordered by Walsh to the order of John r. Gaynor Other con- tracts were introduced for wsrk at Darlen and the mouth of the Altamaha River the allegation being Ntnat the work was really done by Greene and Gaynor Similar exhiti fits were made relative to contracts fer the Improve mant of the Savannah River, at Angus ta, Ga.
 J. A. Gallagher who. in 1892, was payniaster and hookkeeper fer the Att lantIc Contracting Company. stated that he had gone tc Augusta In that year to Day off with the Atlantic Contract ing Company $ money the labor work ing under a contract that had been let to William Fl. Walsh.
 Mir. Erwin stated that he had intro ! duced all save two contracts and that he thought he had established the con i necticr of the defendants with them. He intro duced a table showing the { amount of contracts let In the Savan- nah district from 1890 to 1896. and the ! newspaper advertising relating to them. ' his contention being that far less than the usual time for such advertising to run was observed by Carter.
 Objections to this as evidence were | Interposed by the defense and the | court took the matter under consid- eration, adjourning until tomorrow.