Carolina watchman. [volume] (Salisbury, N.C.) 1871-1937, 1905-02-15

ny CdDle.-1 ne prlVy cCun-
Gil rendered its decision "Wednesday
morning in the Greene-Gaynor case. in
favor OF the American government. The
council reversed the two judgments of
Justice Caron, Of Quebec, August 10.
1902, and ordered the respondents to
pay the costs of the appeal. The coun-
ellis decision caustically criticises the
action of Justice Carson in releasing
Greene and Gaynor, and Caron's lex
traordinary intervention,' and adds:
Where a prisoner is brought before
a competent tribunal charged with an
extradition offense and is remanded
Tor the express purpose of affording
the prosecution an opportunity Of
bringing forward evidence whereby the
accusation is to be supported, if in such
a case upon a writ of ha-
beas corpus a learned judge
treats a remand warrant as a
nullity and proceeds to adjudicate the
case as though the whole evidence was
before him, it would paralyze the ad-
ministration of justice and render it
impossible for proceedings, in tradition
to be effective"
The decision simply reverses Justice
Carson's judgment and leaves Greene
and Gaynor under remand as before
Justice Caron interviewed.
John F. Gaynor and Benjamin D.
Greene were indicated in Savannah,
Ga, Dec. s, 1899, charged with en-
bezzlement and ~defrauding the United
States government, together with Cap
tain Oberlin M. Carter, in the perform
ance OF government contracts for the
Improvement of the Savannah river
and other river and harbor work in
that district, the illicit profits being es-
timated at 50, 600, 600.
Gaynor and Greene were arrested in
New York. They contested e%xtradition
to Georgia, and when the United States
commissioner decided that they must
go to that State and plead to the n
dictments, they fed to Canada. They
had been at liberty on $40,0 G0 bail each,
and this was forfeited. Efforts to ex-
tradite Greene and Gaynor from Mont
real were progressing favorably, and
the extradition commissioA was sit
ting in Montreal, when Gaynor and
Greene went to Quebec. A question
arose as to whether they could be
brought back, and detectives kidnapped
them and took them to Montreal.
There was a big legal fight over this
action, and a Quebec judge issued a
writ Of habeas corpus, which was
served on the jailer at Montreal, who
delivered up the prisoners without no
tifcation to the ~extradition tribunal
and permitted them to be rushed back
to Quebec. Efforts to quash the writ
of habeas corpus under which they had
been returned were denied by Justice
Caron. After a long legal controversy,
Gaynor and Greene obtained their lib
erty within the limits of the province Of
Quebec. The United States government
then appealed to the privy council OF
England, the highest court in that
country.
Will Be Arrested Again.
Washington, Special.-The State De-
partment received notice of the action
of the privy council through the fol-
lowing cablegram from Ambassador
Choate: Court decided in our favor in
relation to Gaynor-Greene case. Opin-
ion rendered by Lord Chancellor. Also
in case of the Kitty D. vs.. the King, the
court granted leave to appeal On con-
dition of return Of vessel to custody
Although sufficient detail is not yet
before the law officers here to war
rant a final opinion as to the effect of
the privy councils decision, the pres
ent understanding is that it will result
in the immediate re-arrest OF Gaynor
and Greene, who are now at large in
Quebec under surveillance Of Washing
ton secret service officers.