The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1906-01-26
TRIAL OF GREENE AND GAYhOR
Identification Of Documents and Letters
to be Used as Evidence
Many Letters and kilograms. Kept i'm
Letter Press Book by Captain Car
ter Will be Admitted as Evil
dence-Defense Made Strenuous OBJ
lection to This-Decision Will Affect
Much Of the Evidence i'm the Case.

Savannah, Ga. Jan. 24.-The pro-
ceerings in the Federal court in the
trial Of Greene and Gaynor today
were again confined largely to identi-
ication Of documents and letters to
be used as evidence and the admission
of still other letters as evidence.
The actual merits OF the case We're
not gone into to any considera bic ex-
tent, and the most important develop
ment was the decision of Judge Speer
to admit as evidence many letters and
kilograms that were contained in let
ter press books that were identified
as having been kept by Capt Carter,
while he was engineer officer in
charge Of the Savannah district
These were, of course, copies, and
the defense strenuously, though inef-
fectually, denied their admsssibility
upon that ground, and upon the fur
ther ground of their being irrelevant
in the trial of Greene and Gaynor
The court held, however, that they re-
lated to an alleged co-cOnspirator and
that they We're admissible.
Tomorrow, it is expected, there will
be many more Of these letters admit
ted and that the defense will continue
to note exceptions to the admission Of
all.
J. W. Osterly, chief clerk in the Of
flee of Captain Carter, and his Success
or, identified a lerser from Barrow
and, Osborne, attorneys, to Captain
Carter, written in 1885, and request
ing specificati tons for a certain con-
tract. Carter replied asking for whom
the specifications were wanted. The
attorneys responded that they wanted
them for r. A. Johnson, Augusta, Ga.
whereas the government contends
that the specifications were really in
tended for Venable Bros, Atlanta,
quarrymen. Carter, the government
contends, thereupon sent them to r.
A. Johnson direct, so that Venable
Bros. did not get the specifications,
and were not ABIDE to get in a bid
against Greene and Gaynor.
Objection was raised by the defense
to- the Introduction as evidence of a
letter press book of Carter, showing
his military history the defense main
tanning that type written portions Of
it pasted therein were irrelevant and
showed nothing relating to the
alleged conspiracy. Mr.. Erwin,
for the government, maintained that
to prove conspiracy, a beginning had
to be made, and that the matter to
which objection was made was i'm
portant, in that it would establish the
existence of relations between the al
legged co-conspirators.
Judge Speer said the book had been
identified by the witness as having
been annotated by him and that the
book and it's contents We're admiss-
able. Then ensued a lengthy contro-
versy among counsel for the govern
ment and the accused as to the ad-
missibility as evidence of a copy of
a letter written by Carter in 1888, to
General G. Duane, to ''ShOw his state
of mind as the government counsel
declared.
Judge Speer announced that the
matter was one of great Importance,
entering largely into the determina-
dence in the case, probably, so a re-
cess Of an hour and half was taken
while he prepared an opinion, over
ruling the objection, saying that the
latter was obviously offered for the
purpose of indicating marked anxiety
on the part of the then engineer
officer of the government in charge
of the river and harbor improvements
here, who is also indicated as a CO.
conspirator, TO remain in charge of
those works"
The letter was then read. Captain
Carter set forth therein that because
of a change, impending on account of
Col. Gilmore's death, he would like
to be retained here os the head Of the
river and harbor district as he had
become "acciimated and was famil-
lar with all conditions and with the
progress of the work then under
way, and that under contemplation.
The court then adjourned until to-
M row.