The Birmingham age-herald., 1911-03-22
GREENE AND GAYN0R WOULD BE PAUPERS Fight for Freedom Begins
 in Atlanta SWEAR HAVEN'T CENT Government Officials Will Attempt to Prove That They Have
 Thousands of Dollars
 in Hiding
SWEAR HAVEN'T CENT

Atlanta, March H.-(Special )--Just how long it is going to take the government to prove whether or not Benjamin D. Greene and John F. Gaynor are paupers is problematical, according to the hear ing which began today before United States Commissioner Walter w Colquitt in the federal building here.
 Greene and Gaynor. former contractors on the Savannah and other harbors, who completed on February their four years terms upon conviction of conspiracy In defrauding the government out of sev- eral million dollars through colusion with former captain of the engineer corps Oberln M. Carter. would ordinari- ly have been relieved of their fines and released on March ', one month later by the simple process of taking the paupers oath to the effect that they had no money and could not pay the fines i'm posed.
 A few days in advance of March they filed an application before Commissioner Colquitt, in the usual form, for perms- sion to take the pauper's oatb, and the hearing was set for that date. On March the two prisoners were brought into the city and before the commissioner. Greene looked the old time Greene, tall. of stately bearing, with gray hair and mustache now whitened; broken little, perhaps. and slightly rounded from his one-time erectness, but otherwise the same Greene who used to figure in hundreds of thousands (of gov ernment fnoney) and yet who and he | told the court, never kept any books. Behind Greene came leaning on the arm of g. deputy John F. Gaynor, not the Gaynor of the olden days. but white faced, almost wizened man, wear ing smoked glasses to protect his eyes and an overcoat to keep out the balmy spring atmosphere which seemed just l little too crisp for his feebleness. Gay nor no longer wears a mustache; he used to have a heavy black one. His face is waxen, and his gait is slow. Yet, withal, he is in far better health than when he entered the federal prison sufferer from locomotor ataxia. Then he could scarcely move about at all; now his power or | locomotion is restored, though his gait | is feeble.
 | Ordinarily, as stated, the two prisoners might have procured their release with | in one month from the expiration of | their sentences by the simple signature | to a pauper's oath But, in addition to the sentence. of Imprisonment they were fined by the court s5S5, 749 30 each, and | though they are willing to swear they haven't a penny, there Is stubborn belief on the part of government oni- cials who have conducted the case that they are we'll fixed and have plentiful cash where they will be able to get nold of it when they need it.
 The belief exists among government officials who are working on the case that Greene and Gaynor each has some
 thing like a million dollars hidden out; also that they will be able to ind, ii not all at least a part of it. It Is thought they turned it over to trusted relatives and friends to keep for them and that they can be forced to disgorge
 part of it. as was done in the case ol
 Carter
 In Carter's case the country was ran
 sacked to dig up his treasure, which was
 not very securely hidden; at least, not
 so securely but that Special Attorney
 Marion Erwin was able to dig up about
 half million of it and restore it tc
 the national treasury. Some of 1t was
 taken from Carters brother; some was
 found in New York and some in Chi- I cago and there was valuable real estate
 in New Jersey and $3000o in gold certid-
 cates as part ol 'ho lou "" M
 safety deposit vault in Wheeling. w. Va
 In the same way government officers believe they are going to be able to dig ur nroperty and cash belonging to Greene and Gaynor and make they pay good part if not all of their fines.
 For this reason it becomes problemat- ical as to just when Greene and Gay nor will secure their freedom. If they should finally succeed in convincing tha commissioner that they are entitled TO the pauper's oath 1t will not be until the | government officials have exhausted every means in their power of unearth- ing and recovering part or all of their alleged hoard.
 If. on the other hand. 1t should de- velop that they have money, 1t will be @ question of how long 1t will take the