Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-01-09
ANSWERED At THE BAR
Greene and Gaynor in Court at
Savannah.
AFTER FOUR YEARS. EXILE
Charged With Conspiracy to Defraud
the Government.
ATTENDANCE WAS VERY LARGE
U. s. Attorney Said He Desired to Try
at This Time Only Gases Against
Greene and Gaynor.

SAVANNAH, Ga, January 9.-After four
years spent in exile as fugitives from the
law, Benjamin D. Greene and John F. Gay
nor appeared this morning In the federal
court for the southern district of Georgia
before Judge Emory Speer, to answer to
several indictments charging them with
conspiracy to defraud the government, with
embezzlement and with receiving money
known to have been embezzled from the
United States.
The attendance in the court room was
large, the interest among the members of
the bar being particularly intense. A mum
Der of visiting attorneys were present
With the two defendants appeared Peter
W. Meldrim, as leading counsel, and Os-
borne and Lawrence as associate counsel
Sitting with the defendants, too, though not
engaged In the case, was James Gaynor Of
New York, a brother of John F. Gaynor.
The Array Of Counsel.
For the government appeared special
United States Attorney General Marion Err
win, assisted by Samuel B. Adams and Gen
Thomas F. Barr, U. 8. A, retired, and for
merly judge advocate general, whom Mr..
Erwin introduced to the court as assigned
by the Attorney General to assist in the
prosecution.
Shortly after the convening of court Mr.
Erwin announced that at this time he de-
sired to call only the cases of Benjamin D.
Greene and John F. Gaynor, making no al
lusion to the indictments standing against
the co-defendants. William T. and Edward
II. Gaynor, brothers Of John F.; Michael A.
Connolly and Former Capt. Oberlin NJ. Car
ter, none of whom was in the city.
Upon request of Col Meldrim, Mr.. Erwin
outlined the method of procedure he will
adopt in the trial of the cases. He will
ask that the defendants plead to the sew
eral indictments against them, 1t being then
his purpose to consolidate all the charges
and try the accused upon the combina ton
To one OF the indictments the defendants
pleaded not guilty in 1902, before they left
for Quebec, forfeiting bonds of $4,000 each.
Plea in Abatement Read.
A plea in abatement was read by Col
Meldrm. holding that the court was with
out jurisdiction because the charge of con-
spiracy upon which the first bill of indct-
ment had been found was not an extradita-
BILE offense under the treaty obtaining with
the defendants from custody.
Mr. Erwin expressed a desire to file
answer to the plea later suggesting that
the case might proceed in the meantime.
Counsel for the defense objected, however,
claiming that the question of the plea was
one of vast Importance, and that 1t should
be determined forthwith
The indictment, said Col. Meldrim, was
found upon a charge of conspiracy The
British prlvy council has found that con-
spiracy Is not an extradtable offense be-
tween the United States and the Dominion
of Canada, hence, the defendants were
extradited they cannot be tried upon an
Indictment alleging conspiracy.
This, according to the defense, should
quash the two old indictments.