The Birmingham age-herald., 1905-02-09
ENGLISH DECISION
 FAVORS AMERICA Gaynor- Greene Case Assumes
 New Aspect MEN ARE NOW IN QUEBEC English Court crtlclses Judgment of Quebec Judge and Says Such Ac- tion VIII ParaIyze Admlstra-
 ton of Justice.
MEN ARE NOW IN QUEBEC

London, February 8.-The privy council rendered it's decision this morning in the Greene-G -Gaynor case in favor of the Amer lcan government.
 The council reversed the two judgments of Justice Caron of Quebec August 1S 1902 and ordered the respondents to pay the costs of the appeal. The councils de- cislon caustically criticises the action of Justice CAron in releasing Greene and Gaynor, and Caron's extraordinary in- tervention," and adds:
 Where a prisoner is brought before competent tribunal charged with an ex- tradition offense, and is remanded for the express purpose of affording the prosecu- tion an opportunity of bringing forward evidence whereby the accusation Is to be supported, If in such a case upon a writ of habeas corpus a learned judge treats remand warrant as a nullity and proceeds to adjudicate the case as though the whole evidence was before him, 1t would paralyze the administration of justice and render it impossible for proceedings in ex- tradition to be effective.'
 John R. Carter, second secretary of the American embassy, was present to hear the decision, and also to watch the appeal against the decision of the supreme court of Canada in the case of fishing steamer Kitty Dee captured by a Canadian cruiser on Lake Erie.
 First Indicted in Savannah.
 John F. Gaynor and Benjamin D. Greene were indicted in Savannah, Ga, December B. 1899, charged with embezzle- ment and defrauding the United States government. together with Captain Ober- lin Carter, in the performance of govern ment contracts for the improvement of the Savannah riverand other river and harbor work in that district, the illicit profits being estimated at S2,000,000.
 Gaynor and Greene were arrested in New York. They contested extradition to Georgia and when the United States commissioner decided that they must go to that state and plead to the indictments they fled to Canada They had been at lib erty on $40000 bail each and this was forfeited. Efforts to extradite Gaynor and Greene from Montreal were progress Ing favorably and the extradtion com
 lission was sitting in Montreal when Gaynor and Greene went back to Quebec. question arose as to whether they could be brought back and detectives kidnapped them and took them to Montreal. There was big legal fight over this action and Quebec judge issued writ of habeas corpus which was served on the Jafler at Montreal who denNered up tne prisoners without notification to the ex- tradition tribunal and permitted them to be rushed back to Quebec Efforts to quash the habeas corpus under which they had been returned was denied by Justice Caron. After long legal con troversy, Gaynor and Greene obtained their liberty 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.
 The decision simply reverses Justice Caron's judgments and leaves Greene and Gaynor under remand as before Justice Caron intervened.
 The privy council this afternoon grant ed the United States leave to appeal in the Kitty Dee case, after the vessel is re- turned to the custody of the Canadian court