The Birmingham age-herald., 1911-03-23
GREENE WALKS OUT OF ATLANTA PRISON Takes Pauper's Oath and
 Goes Free AFTER TWELVE YEARS Decision Comes Unexpectedly, Clos ing Legal Battle That Has Com manded Attention of Country
 During Decade

Atlanta. March 22.-Benjamin D Greene, who, with John F. Gaynor, has just completed & four-year term in the federal prison here, for alleged compliclty in the Savannah harbori improvement frauds several years ago, walked out of the federal building here late today free man for the first time in dozen years bringing to a close, as far as he is concerned a legal battle that has com- manded the attention of this country for the past decade
 Greene's application for leave to take the pauper's oath, in order to escape further liability for the $o75,0OO fine im- posed on the two men when they were convicted, had just been granted by United States Commissioner Walter Col auitt after hearing which lasted two days. Greene will spend tonight at ho- tel and will leave tomorrow for New York, where he soon will sail for Europe. He said tonight that he would join Mrs. Greene in Paris and that they probably would make that city their home in the future.
 Tine decision came somewhat unexpecr- edly at the end of long afternoon ses- sion, which had been occupied with the arguments of counsel. Attorney Fielder, of the firm of Roundtree. Fielder Round- tree, attorneys for Greene, had just con- pleted his argument when Commissioner Colouitt stated as his finding that he pe- lieved, Tho evidence in this hearing has been such that the applicant should De allowed to take the oath.'
 1t1yn cti fn.a court room for an instant after the com missioner had spoken, while all eyes were turned to the applicant. whose gray head was bowed reverently in thanks. Then the commissioner spoke again. asking Greene to come forward and take the oath. This formality was soon over and the prisoner left the court room with Daniel w. Roundtree, one of his law yers.
 The government has been resisting the application for the pauper's oath on the ground that the prisoner had assets con cealed which would enable him to pay off a considerable part of the s575,OOO fine. The prisoner admitted having been pos sessed of property worth about $7O0,O00 several yecrs ago, but claimed that he had lest all he had in fighting for his freedom and in speculation and the fed eral attorneys failed to produce the evil dence necessary to overthrow this claim John F. Gaynor, jointly convicted with Greene, has completed his sentence in the federal prison and has filed applica- ton also to take the pauper's oath. His application is still pending.
 The case of the government against Benjamin D. Greene and John F. Gay nor was one of the most important and unusual in the annals of American Ju- risprudence. More than decade ago these two were engaged in contrac- tual million dollar improvement work | in Savannah harbor. under the super vision of Capt Oberlin M. Carter. Trou- ! ble began when Carter was given the | highly prized appointment as military attache at the court of St. James The army officer who succeeded him, Capt. Cassius E. Gillette. found evidences of fraud in the work which resulted in three months courtmartial for Car ter, a fine. a term In Leavenworth prison and ultimately in conf1scation by the government of money that was al- legged to have been secured through the harbor frauds.
 Following Carter's courtmartial, Greene and Gaynor were indicted in December, 1889. Both were resourceful men, Greene an honor graduate or
 West Point. and Gaynor former New York politician. They fought through the preliminaries so long that the case did not come to trial in Savannah un- til March 6. 1902. There was an im- mediate recess of few days, during which the defendants went to New York. and thence to Canada The ex- tradition 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 them
 Trial at Savannah before Judge Emory Speer in the United States district court egan on October 9. 1905, lasting until April 12, 1906, when they were con- victed of embezzlement and sentenced to four years Imprisonment each and