New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-03-12
GAYNOR AND GREENE SAFE
FEDERAL OFFICERS DECIDE THAT
THEY CANNOT BE EXTRADITED.
~ THE TREATIES WITH BRITAIN no MEN
TON Is MADE OF CONSPIRACY
To DEFRATD

Federal officials IN this city yesterday eX-
hnined extradition treaty provisions and de-
cded that John 7. Gaynor and Benjamin u
Greene could not be brought back TO this couh-
try from Canada on acquisitions, and 1t would
be useless to have them arrested in quebec as
1ugitves from justice. The officials did not
know that Colonel Gaynor and his business
partner were In Quebec. they said, but they be-
lieved published report that the two men were
registered openly al the Chateau Frontenac. IN
that city. and that Colonel Gaynor had declared
that he had registered properly ct the hotel so
that any persons having business to transact
with him would know where 10 End him The
report led the officials 10 believe that Colonel
Gaynor and his partner had been advised that
they could remain I'm Canada secure from
rnolestation by the United States Government
In the treaties between the United States and
Great Britain. IL was ascertained yesterday, TO
mention is made OF conspiracy 10 defraud as a
crime for which persons can be extradited from
any British territory to the United States.
Many other crimes. from murder to forgery. are
mentioned in the treaties but not conspiracy to
oefraud. Colonel Gaynor and his rartner were
indicted al Savannah, Ga. on the charge OF
having entered into a conspiracy With Captain
Oberlin NJ. Carter TO defraud the government in
the construction Of improvements for the harbor
OF Savannah. for which the Gaynors had the
contract
Captain Carter was found guilty under court
martial proceedings, was dismissed from the
army IN disgrace and was sentenced TO a term
sn the military prison at Leavenworth. Kan,
where he now is. The Gaynors made a long
sight against extradition TO Savannah and lost
The failure Of Colonel Gaynor and Mr.. Greene
20 appear with other partners in the contracting
1irm on the day fixed for their appearance in
court in Savannah gave rise TO suspicion that
they intended TO fee from the United States. and
St was learned later that they had gone to
Canada.
Two Of the Gaynors are in Savannah with Mr.
Kellogg. Of the New-York law firm Of Rose &
Kellogg. counsel for Colonel Gaynor and mis-
partners. Mr.. Kellogg is reported TO have ex-
pressed surprise at the failure Of Colonel Gay
nor and Mr.. Greene TO appear in Savannah, and
has said that he expects their appearance there
on March Il, the date 10 which the beginning Of
the trial has been adjourned.
William p. Kirk. Of Syracuse. gave bond Of
$4,000 for the appearance Of Colonel Gaynor in
Savannah and q similar bond for the appear
ance OF Mr. Greene was given by James D.
Leary. The bondsmen were said 10 be in this
city yesterday and rot overa nxious about their
bonds Federal officials in the city said they
did not know what steps would be taken by the
government TO collect the amount Of the bonds
81 the bonds were forfeited. The bonds were
given In this city. but If they are forfeited they
will be forfeited in Savannah. William Henkel.
United States Marshal, said yesterday that he
did not know OF any bench warrant being is
sued for the rearrest Of Colonel Gaynor or Mr..
Greene, and he had not been informed If any
step had been taken to hold the bondsmen in
the event of the bonds being forfeited.
one well informed official said yesterday that
he believed the law in Georgia provided for the
taking Of summary judgments against bonds
men IN cases Of forfeited bonds 1t would not
he necessary in such a case, he said. to begin
a civil action against the bondsmen for the re-
coVery Of the amount Of the bond. Such pro-
ceeding. however. is necessary in the State of
New York.
IF the bonds Of Colonel Gaynor and Mr..
Greene are forfeited in Savannah" he said, 'the
United States Government Will collect the
amounts Of the bonds, since the bonds were
given in q United States court, but 1 am rot
prepared 10 say at present what legal steps
would be required in the collection. As both
of the bondsmen are residents Of the State of
New-York, and the bonds were given in this
city IL might be necessary 10 begin civil actions
for the recovery of the amounts Of the bonds.