The Savannah morning news., 1902-07-17

1t seems that change has been
made in the application for the extra
dition of Greene and Gaynor, so that
now the charge made against them is
that of receiving money, valuable Sc
curity or other property. knowing the
same to have been embezzled, stolen or
fraudulently obtained" In this new APP
plication the language of the eXtradi-
ton treaty is followed. Therefore the
Canada court will not have the oppor-
tunity of going into the matter further
than to get facts sufficient to show that
a prinna facie case of having received
stolen money has been made out
against the fugitives.
But there NAV be trouble when the
case gets before Judge Speer, if it does
set there. In the indictment Greene
and Gaynor are charged with conspir-
acy to defraud the government. The
extradition treaty provides that the ac-
cused parties must be tried for the
offense for which they were extradited.
The question Judge Speer will have to
decide is whether Greene and Gaynor.
having been extradited for receiving
money they knew to be embezzled or
stolen, can be tried on an Indictment
for conspiracy to defraud the govern
ment.
It is claimed of course that, as
matter of fact, they are guilty of the
cffense charged in the application for
extraditfon. Will that be sufficient to
-. ~.
indictment which charges another Of
Tense?
There have been many phases in this
remarkable case, and it is not improb-
able that there will be many more be-
fore it is finally 1t Is worthy
of notice that the Canadian papers are
devoting considerable space to it, and
Canadian lawyers are writing commun-
ications in regard to 1t to the
newspapers. The Morning News re-
ceived one of these marked communi-
cations yesterday. 1t purported to be
written by Toronto lawyer. His point
is that the United States made a great
mistake in kidnapping Greene and Gay
nor in Quebec and carrying them to
Montreal. In his opinion by that act
the world was notified that the United
States authorities had no confidence in
bar and judiciary of Quebec resented
the insinuaticn that justice could not
be obtained in that province.
1t is probable that the Toronto law
yer is about right in his surmise that
the fugitives were carried to Montreal
because of The doubt that justice could
be obtained in Quebec, but the action
of the United States authorities was
strictly regular and legal. 1t was so
pronounced by Judge Andrews of Que
bee, from whose court the first writs
of habeas corpus We're taken. The
United States had right to prefer to
have the hearing on the extradition
warrant in Montreal rather than in
Quebec. Developments prove that they
showed good judgment in preferring
Montreal.
A curious feature of the case is that
Mr.. Fitzpatrick, the Minister of Jus
tice of Canada, is the senior member
of the law firm that is defending the
fugitives. 1t depends upon him as to
whether or not they can be extradited
He is the authority of last resort He
can reverse any extradition commits
sioner or judge. His law firm mas ex-
pressed the opinion that the offense
for which Greene and Gaynor are in
dieted is not an extraditable one. Does
he agree with his law firm? viii the
new application for extradition. in
which the receiving of stolen goods.