The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1906-01-12

{ lines tile Metnod OF proceeding He
, VIII Adopt I'm the Trial.
Savannah, Ga, January 2.-The
first day OF the Greene and Gaynor
case, in the United States court for h
southern district of Georgia was con-
sumed in preliminary skirmishes be-
tween counsel. with the issue upon the
contention advanced still undecided
when adjournment until tomorrow
morning at $50 O'Clock WAS taken. II
seemed quite possible rs one observed
the slow progress of the case. that IL
might be days before the point OF
drawing the jury for the actual trial
would be reached, as there are a num-
Der of pleas i'm abatement and demur-
rers to the bills OF indictment yet to
be presented 10 the court and argued.
After four years spent iii exile as
fugitives from the law. Benjamin ID.
Greene and John +. Gaynor APP
peared this morning in the federal
~O'h a. VI
Georgia before Judge Emory Speer, to
answer To several indictments charg-
ing them with conspiracy { o defraud
the government, with embeZZlement
and with receiving money known to.
have been embeZZled from the United
States.
The attendance in the court rooom
was large, the interest among the
members Of the bar being particularly
intense. \ number of visiting attor-
neys were present.
With the two defendants appeared
Peter w. Meldrin, as leading counsel,
and Osborne and Lawrence as associ-
ate counsel. Sitting with the defend
ants too, though not engaged In the
case, was James Gaynor OF New York,
Il brother of John +. Gaynor.
For the government appeared
Special United States District Attor-
ney General Marion f.. Erwin, assisted
by Samuel Il. Adams and General
Thomas f. Barr, L. S. A, retired, and
formerly judge advocate general,
whom Mr.. Erwin introduced to the
court as assigned by the attorney gen.
eral 70 assist in the prosecution.
Shortly after the converting of court
Mr.. Edwin announced that at his
time he desired to call only the cases
of Benjamin ID. Greene and John r.
Gaynor, making no allusion tn the n
dictments standing against the code
PENDANTS, William I. and Edward H..
Gaynor, brothers or John r. Gay
nor. Michael +. Connolly and Former
Captain Oberlin NJ. Carter. none of
when was in the city.
Upon the request of Colonel MeIdrin.
Mr.. Erwin outlined the method of
proceedings he will adopt In the trial
or the case. He will ask that the de-
endants plead to the several indict-
ments against them, it being then his
purpose TO consolidate all the charges
and try the accused upon the combina-
ton To one of the indictments the
pleaded not guilty in 1902
before they left for Quebec, forfeiting
bonds Of $4,000 each.
n plea in abatement was read by
Colonel Meldrin holding that the court
was without jurisdiction because the
charge of conspiracy, upon which the
first bill Of indictment had been found
was not an e~xtraditable offence under
the treaty obtaining with Canada. He
asked the court to discharge the de-
PENDANTS from custody.
Mr.. Erwin expressed n desire TO file
an answer To the plea later, suggesting
that the case might proceed in the
meantime. n court tentatively took
the same view. Counsel for the de-
tense objected. however, claiming that
me question OF the plea was one of
vast Importance and that it should be
determined forthwith.
The Indictment. said Colonel Mel
drin, was found upon a charge of con-
spiracy- The British privy council
has found that conspiracy is not an
~extraditable offense between the Unit
ed states and the Dominion of Canada.
hence, as the defendants were extra
dited, they cannot be tried upon an
Indictment alleging conspiracy.
This, according to the defence
Should quash the two old indictments.
Mr. Erwin replied that he would re-
quire time in which 10 formulate his
answer to the plea. He stated that
pleas In abatement a also been filed
last November, which were not based
he charge OF conspiracy. but
the charges Of embezzIement and
receiving money of the United States
mat the defendants knew &c have been
emDeZZled. He was granted a recess
OF TWO hours I'm which to prepare his
answers.
When the court re-convened areu-
ment was begun on the plea. after the
court had overruled an objection of
the defense 10 the introduction of GER
tam documentary evidence.