The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-03-12
BOSS TWEED PLAN
MAY BE ADOPTED TO GET GREENE
AND JOHN GAYNOR.
If OTHER MEANS FAIL.
THE FUGITIvES SURPRISE OFF,
GALS AND LAWYERS.


Treaty of Extradition With Great
Britain Governing in Cases of
Persons Accused of Conspiracy TO
Defraud-Request for Surrender
May Take Place of Formal Pro-
eeedings for OBSERVATION-DISCLOSURES
Not Pleased With Their Clients
Conduct-Ed Gaynor Had Nothing
TO say and District Attorney Re
fused 10 Discuss the Case.
After nearly a week Of anxious
searching on the part OF Secret Ser
vice agents Of the government and
half the newspap ers in the country, the
Associated Press announces that Ben
jamin D. Greene and John F. Gaynor
have been discovered at the Chateau
Frontenac, in Quebec. They were reg
istered under their proper names and
were seemingly making no effort what
ever to conceal their identity.
The Morning News printed on Mon
day a dispatch from Syracuse to the
effect that Col. Gaynor had passed
through that city en- route to Canada
At the time the report was not given
credence, but subsequent developments
have demonstrated its correctness.
The news that Capt. Greene and Col
Gaynor were in Quebec was received
in Savannah. from various sources,
yesterday morning. The sudden reap
pearance of the fugitives, after their
apparent effort to escape, only added
to the atmosphere of mystery that has
surrounded their conduct during the
past week.
Col. Gaynor according to dispatches
from New York. left New York Tues
day night, starting as though he in
tended to come to Savannah. in re-
sponse to the mandate of the court.
He passed through Syracuse the next
morning. and was recognized there by
at least three persons. all of whom seem
to have told of seeing him with ex-
IRENE reluctance. He met Capt.
Greene at Buffalo and they continued
their journey to Canada. The exact
whereabouts of the two men between
Thursday and Sunday, yet remains
shrouded in doubt, but the indications
in Montreal. Saturday Mrs. Gaynor is
said to have received a telephone mes
sage from her husband, and left that
night to join him. She is now with
him at the Chateau Frontenac. the
leading hotel in Quebec.
When Ed. Gaynor was told that his
brother and Capt. Greene had been
located in Quebec. he expressed sur
prise, but had nothing to say about the
matter.
Treaty Question Discussed.
There seems to be considerable doubt
among the court officials and lawyers
of the existence of any treaty of ex-
tradition with Great Britain, by the
terms of which this government will
be able, as a matter of right, to Sc
cure the return of Greene and Cay
nor to stand trial here, now that they
have been located in Quebec.
The extradition treaty with Great
Britain was negotiated in 1889. 1t adds
a number of offenses to the list of those
for which accused persons may be ex-
tradited from one country to the other.
and it is certainly a question of strong
doubt whether these include the Of
repses with which Greene and Gaynor
are charged and for which they have
been indicted. The only section of the
treaty, said a well-known lawyer.
which by any possible construction can
De maze TO include conspiracy to de-
fraud the government and the presen-
tation of false claims to carry this
conspiracy into effect, is as follows.
Embezzlement larceny, receiving
any money, valuable security or other
property, knowing the same to have
been embezzled, stolen or fraudulently
obtained"
The District Attorneys Duty.
District Attorney Erwin was asked If
the treaty covered the offenses alleged
against the defendants, but he refused
TO discuss the question.
MY duty as district attorney" said
Mr.. Erwin, only requires me to pros
ecute criminals in the Southern district
OF Georgia, and, except by special di-
rection of the department, | have moth
ing 10 do with enforcing the process of
tne courts in any other jurisdiction.
This is matter for the Attorney Cen
direction that to him seems proper"
Other lawyers who We're asked their
opinion of the law said that it was to
be graYely doubted to put the matter
In the light most favorable to the
rights of the government, if the United
States can demand the extradition of
Greene and Gaynor under the terms OF
the treaty. Mr. Walter G. Charlton
and Mr.. Fleming G. duBignon Of coun-
sci for the defendants, were both of
this opinion.
/ don't see anything in the treaty."
said Mr.. Charlton, after reading the
section referring to embezzlement and
similar crimes, that would make these
accused defendants extraditable from
Canada. The offenses named in the
section have a technical meaning and
the Canadian courts would probably
not be inclined to extend that meaning
by implication in proceedings for extra
dition. The English people and courts
are jealous of surrendering to any
other nation one who has sought refuge
within their jurisdiction, unless the ex-
tradition of this person is demanded by
the law"
May Make Request for Them.
1T may be-" Mr.. duBfgnon inter-
rupted Mr.. Charlton to say that the
very absence of a treaty provision on
this subject would be pleasing to- the
government The authorities may
think ii likely they will be able to Sc
cure the attendance of the defendants
here more easily and quickly by
Co. 49,.