The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-06-07
GAYNOR And GREENE LOSE.
CANADIAN JUDGE ORDERS THEM
EXTRADITED.

Counsel Applies for Writ OF Habeas Corpus
Wanted Here for Fraud in Connection
with tho Carter Case At Savannah,
Ga.-Were Government Contra ctors
MONTREAL, Que, June e.--John F. Gay
nor and Benjamin d. Greene stand COM
uitted to be sent back to Georgia to be tried
on the charges Of stealing from the United
States Government. Judge La Fontaine,
the EStradition Commissioner, to-day found
against them on every count threw out
their technical objections. decided that
they should appear before the Georgia
courts to face the charges, and sent them
back to prison to await the order Of the
Minister Of Justice at Ottawa for their
surrender to the United States authorities.
BIT that does not mean that their
desperate fight is ended. Their counsel
Immediately started proceedings to have
them brought before the Court Of
Kings Bench under a writ Of habeas
corpus and declares that he can prolong
the fight on that from court to court for
some time. Neither Gaynor nor Greene
appeared much concerned during the two
hours that 1t took Judge La Fontaine to
read his judgment. which took up 100 pages
Of typewriting and covered the whole case
with elaborate detail. The two frequently
exchanged smiles as some particular piece
OF evidence was read In the judgment. Once
when Gaynor was reported as saying What
do we care for water? It's money We are
AFTER in reply to q complaint az to the
work done on the river at Savannah, he
broke into an open laugh
Judge La Fontaine dealt at len 9Th with the
case In which Capt. Oberlin NJ Carter. the
paymaster who aided the operations Of
Gavnor and Greene, was found guilty OF
theft from the United States Government.
In summing UP Judge La Fontaine said:
On the whole, my conclusion is that the
allegation Of the conspiracy to defraud the
United States as being in existence between
Carter and the accused on or about July /,
1897, Is proven to the hilt; that Carter, pub
lie officer, and agent and trustee OF the
United States, was convicted In the United
States of fraud as declared by the United
State Supreme Court in the case OF Carter
vs.. McClaughry; that these ofenses OF fraud
and Participation therein Tn.a are p tha da
handing country; that the accused have
participated In the offense OF fraud COM
initted by Carter, for which he was so con-
yicted; that fraud by an agent and trustee,
ana DaItlClp6LlOn IneIeltl, are cAu
crimes; that Carter was guilty in the United
States and was convicted OF embezz!ement,
which offense Is known under our law by
the term of theft, the differen CO in the
name OF the offense In the two countries
being immaterial; that the accused have
participated by their conspiracy with Carter
In the embezzlement theft) 30 committed
by him. that such participation Is punish
able by the laws OF both countries and -
an extradtion crime; that on July 8, 1897,
Al, frn, I'D, lnv,f1
Carter the sum OF $575, 1890, knowing
then that the same had been embezzled
(stoen) by him and that the ofiense OF re-
ceiving stolen property is punishable under
the laws of both countries and ID by the
treaty, Section 9, an extradition crime;
Consequently determine that tho accused
must be committed to Jail pending sur
render
WASHINGTON, June GA telegram was
received at the Department Of Justice
late this afternoon from Donald MoMasters,
counsel for the Government in the Greene
Gaynor extradition case, announcing that
the Canadian Judge had committed Greene
and Gaynor for eItradition by the United
States officers
In confidential letter to the Attorney
General dated May 20. Mr.. MoMasters
predicted that the decision would be forth
coming within few days. MIR. McMasters,
who is a distinguished lawyer Of London.
Privy Council next month, but he will
probably remain on this side Of the Atlantic
all summer in case counsel for Greene
and Gaynor succeed In obtaining a further
delay In the extradition proceedings.
1t Is admitted at the Department Of JUS
tice that the end Of the fight for extradition
has probably not yet been reached. Greene
and 'Gaynor still have legal recourse in one
direction and possibly in two. The accused
men now have fifteen days in which to APP
ply for writ Of habeas corpus. Proceed
lngs on this application would come on
before another Canadian Judge, who would
have the power to discharge the prisoners
or to recommit them for surrender. In
the latter event the prisoners should be
surrendered to, the United States within
two months OF the date Of the courts order
There was a case in the Province of Que |
bee in which the Court Of Appeals held that |
II the habeas corpus Judge should recommit
for surrender the prisoners would still be
entitled to make an application as sort |
Of appeal to the Court of Appeals. 1t is
held by counsel for this Government that |
this decision was bad one, but it is recog-
nized that the United States must be pre-
pared to encounter this precedent.