The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-07-23
AFTER GAYNOR AND GREENE.
ENGLAND ASKED TO GRANT EN-
TRADITION FROM CANADA.
United states Government Gets Permission
10 Appeal From the Decision Of the
quebec .Budge--Nlen wanted 10 AM
swer Charges % Fraud al savannah.
Special CAME Despatch 10 THE SUN

sWer Charges % Fraud NJ savannah.
Special Cable Despatch 10 THE SUN
LONDON. July % There was an unprece-
dented case before the Privy Council to-day
when the United States appeared AS petit
toner in the mat ter Of the extradition ofJohn
Y. Gaynora and Benjamin ID, Greene, who were
accused of conspiring with Capt Obcrlin NJ,
Carter 10 defraud the American Govern
ment in the matter of the improvements OF
the harbor Of Savannah, and who afterward
fed to Canada
Sir Edward Clarke X. C., representing
the United States, obtained leave to appeal
against the decision Of the Quebec Judge
that tn warrants for he arrest OF Gaynor
nd Grecrc were illegal
The RiSAt Hon II II. Asquith. X. c.,
who was instrac ed by the Hon. Charles
Russell, repr, scnted Gavnor and Greene,
Flo declared that they would welcome a
final disposition of the case, but they did
not agree with the contentious of Sir
Edward Clarke
WASHINGTON. July % Notice was re-
,eived at the Department Of Justice to-day
from Attorney MacMasters counsel for the
United States in the proceedings against
Messrs Greene and Gaynor. that the Privy
Council of England had granted the appl-
cation made by this Government for leave
10 appeal from the decslon'O Judge Caron
Of Quebec, refusing to hold the accused for
extradition. Mr. MacAlasters was also
counsel for the United States in the pro-
ceedings before Judge Caron He also in
formed the Department that the Lord Chan
celior Of England. who presided AT the
Wearing Of the application, in granting the
fave to appeal, had said that one Judge
could not interfere with another (as taion
lid) upon a serious and important matter
Of this nature; that the offenc = upon which
the extradition of Greene and Gaynor was
asked were clearly eXtraditable, and while
mere was conspiracy charged there were
also other charges that warranted their
extradition
Greene and Gsvnor were indicted at
Savannah for conspirinR with former Cap
tain obern NJ. Carter, t. S. A., in defraud-
ing the Government Of some $500 600 out Of
river end hCrbor contracts. Carter WIS
tried by court-martial and is now serving
his sensence in the Fort LcavcnwOrth
Penitentiary After long legal battle in
to Georgia. end before they could lie Drought
TO tIial. Greene end Gaynor fed to Canada
When arrested there and carried before
an Extradition Commissioner, the case
VAS removed to another court 10y hahees
corpus proceedings and was finally de-
ciied by Justice Caron. who discharged
them from custody. One ground on which
the Justice assumed TO decide the merits of
the controversy was thet the clss iINolved
mere conspiracy; that, however serious
the substantive crimes We're, the real charge
upon which they would he tried in GEORGIA,
and which was involved in the complaint
preferred in Canada, was conspiracy to
commit these crimes, and that conspiracy
was not an eXtrsditable offence under the
treaties
Counsel for the United States combated
this view, arguing that the facts and the
charges showed that Greene and Gaynor
were actually participants in the frauds,
embezzlement and larceny of Carter. and
that these substantive offences and par
ticipation in them were clearly covered by
the provisions of the extradition treaties
with England and by the laws Of both the
Unitedt States and Canada.
This view was evidently taken by the
Privy Council, which also sustained the
contention of this Government that Justice
Carons action in removing the case from
the jurisdiction of the Extradition Com
missioner was clearly outside his power