Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1911-03-24

man with straight. erect carriage, the
result of West Point training, garoeo III
= bIack coat and vest and light gray
trousers. a pair of fawn-colored spats
covering an immaculate pair of patent
leather shoes, a face tanned with bronze
and crowned with hair over which the
winter of time has spread Its hoary
frost. a man held levee IN the looDy
of the Piedmont hotel Thursday morn
ing.
Men came and went. Some shook the
mans hand in hearty grasp. Those thar
knew him chatted for a few moments.
The handciasps were returned, there was
a Joke or a lest for each and every one
and the tanned visage was wreathed In
smiles.
The man who held the levee was Ben
iamin d. Greene, who was enjoying ms
first free day in six years. Few of the
bystanders who looked upon the i'm
maculately dressed man, debonair and
free from care, could imagine that but
few hours before he had doffed the
stripes of a felon, after satisfying the
United States governments demand for
his participation in the Savannah harbor
scandal In which Capt Oberlin Carter
and J. F. Gaynor were implicated.
AS told exclusively in the night extra
of The Journal Wednesday, captain
Greene was freed by Commissioner Col
Quit, after a two-days' hearing. when
he was allowed to take an insolvent debt
or's oath TO offset the fine OF s5S5,oO0 as
sessed against him by the government
ACELEBRATED CASE.
The case OF Greene and Gaynor is one
OF the most celebrated the country has
ever known. In the fight to bring the
men to Justice practically every coun-
try on the globe was traversed, for the
Offenders fitted like bees from point 10
point
With the usual bull dog tenacity, the
government finally landed Greene and
Gaynor in Canada and they were bodily
kidnapped and brought TO the United
States. Following their Arrest one of the
most bitter legal fights ever known, re-
suited in the conviction of both men.
After two years in Jail at Macon the
men were transferred to the penitentiary
In this city, where they served four
years. With the fine still lowering over
them, though, they had paid the penalty
OF imprisonment, it devolved upon the
men to show they were paupers, that the
great fortunes they had individually pos
sessed had been swept away.
Greene proved his contention and was
allowed to take the oath. Gaynor will
go on trial In day or two. the exact
time not having been set, it depending
on the arrival of Assistant District At
torney Lawrence, who is now engaged in
case OF bankruptcy in Savannah.
The trial of Greene was replete with
dramatic incidents. Commissioner Col
quit early in the hearing ruled that the
preponderanee of evidence rested with the
government and that the prosecution
must show that Greene actually had
funds in his possession at the present
time or held funds in trust
In his Across-examination OF Greene,
District Attorney Erwin, who in this
case acted as special assistant to At
torney General wickersham. showed that
every transaction of Greene, regarding
money matters. and transactions, even
/ to the most minute end of his personal
affairs, had been under the searchlight
OF the government Expert Accountant
tombstone. of the government force, had
SO closely scrutinized records OF Greene's
transactions that blue prints were made
to show exactly. how this money was
disposed of
The years of search were futile for IN
II all there as not one scintiIla of proof
10 show that the former millionaire had
a penny, beyond what was exempt by
law and Commissioner Colquitt allowed
him to sign the oath.
GOVERNMENT Is SCORED.
The defense was conducted by Attor-
neys Daniel Rountree and T. B. Fielder
and both made short but powerful ar
guments in behalf of the aged prisoner
who will Sunday enter upon his 10th year.
Mr.. ROuntree opened for the defense
and scored the government and its ennis
saries for the persecution" of Greene.
] He was followed by District Attorney
Erwin, who confined himself largely to
Fr---
proof rested with defendant. In his
argument the district attorney declared
that there were large sums of money
which were unaccounted for.
Attorney Fielder followed Mr.. Erwin
and in a speech punctuated with the most
sarcastic references TO the efforts OF
Mr.. Erwin. closed for the defense
Commissioner colquitt in a few words
I declared the government had not sus-
tanned its contention and that il the de-
PENDANT would step forward he would be
given the oath.
Greene. with tears streaming from his
eye. made his way 20 the judges desk
and with shaking hand signed the oath
which gave him his freedom. In mo-
ment he was the center of a group OF
/ men with outstretched hands and the
verdict OF the commissioner was shown
to have borne out the sentiment OF those
| in the court room.
After shaking hands with every one, In
GLIDING the men who had prosecuted him
Greene left for the Piedmont hotel
where he spent the night.
He was astir early Thursday morn
ling and was soon surrounded by friends
in the lobby. Later Mr.. tombstone, the
/ expert accountant Of the government ap-
lpeared and he and Mr.. Greene had lone
chat While this was in progress Distric