The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-03-23
GREENE IS A FREE MAN.
Pleads Poverty and Is Released From
Federal Prison.

| Atlanta, Ca, March 23.-Benjamin
D. Greene, who, with John F. Gaynor.
has just completed a four years term
in the federal prison here, for COM
plicity in the Savannah harbor i'm
provement frauds several years ago,
walked out of the federal building a
free man for the first time in IL years
bringing to a close so far as he is
concerned. legal battle that has COM
manded the attention of the public for
the past decade.
Greene's application for leave to
take the pauper's oath, in order to
escape further liabilities, for the
$575,000 fine imposed on the two men,
when they were convicted, was granted
by United States Commissioner Walter
Colquitt.
Greene will sail for Europe. He
said he would join Mrs. Greene in
Paris and they probably would make
that city their home.
/ The government resisted the appli-
cation for the pauper's oath on the
ground that Greene had assets con-
cealed which would enable him to pay
off a considerable part of the $575.0OO
fine. The prisoner admitted having
| been possessed of property worth
/ $500. 600 several years ago. but claim
ed he had lost all he had in fighting
| for his freedom and in speculation and
the federal attorneys failed to produce
the evidence necessary to overthrow
| this claim.
John F. Gaynor, jointly convicted
with Greene, has completed his SEN
tence in the federal prison and also
has filed application to take the pau
per's oath. His application Is pending.
History of the Case.
The case of the government against
! Benjamin D. Greene and John f.
| Gaynor was one of the most important
and unusual in the annals of Amefi-
can jurisprudence. More than de-
/ cade ago these two were engaged in
a contractual million dollar improve
ment work in Savannah harbor under
the supervision of Captain Oberlin M.
! Carter.
Trouble began when Carter was Civ
en- the highly priced appointment as
military attache at the court of st.
James. The army officer who succeed
! ed him, Captain Cassius E. Gillette,
found evidences of fraud in the work
which resulted in a three months
court martial for Carter, fine, a
term in Leavenworth prison and ulti-
mately in confiscation by the govern
ment of money he was alleged to have
secured through the harbor frauds.
Following Carriers court martial
| Greene and Gaynor were indicted in
December, 1899. The case did not
come to trial in Savannah until March
1
cess of a few days, in which the de-
PENDANTS went to New York and
thence to Canada.
The extradition laws did not apply
to their case and for about three years
they lived in Quebec until on the
| grounds of courtesy and friendship,
the British government agreed to
surrender the fugitives.
Trial at Savannah began October 9,
1905, lasting until April IL, 1906,
when they were convicted of embez-
| Element and sentenced to four years
| Imprisonment each and Jointly to the
payment of the huge fine of $575,-
| 1880.
| Greene and Gaynor did not imme-
diately begin serving their sentences,
but fought for more than year long
err, until the United States circuit
court of appeals at New Orleans and
after that the supreme court, had act
| ed upon the case.