Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-02-08

LONDON, February S.-Ihe
privy council rendered its decision
this morning in the Greene-Gaynor
case, in favor of the American gov
eminent.
The council reversed the two judgments
of Justice Caron of Quebec August 13, 1902,
and ordered the respondents to pay the
costs of the appeal. The councils decision
caustically criticses the action of Justice
Caron in releasing Greene and Gaynor and
Caron's extraordinary intervention, and
adds:
"Where a prisoner is brought before
competent tribunal charged with an extra
dition offense, and is remanded for the ex-
press 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 hapeas
corpus a learned judge treats remand
warrant as nullity and proceeds to adJudl-
cate the case as though the whole evidence
was before him, it would paralyze the ad-
ministration of justice and render it impos-
! sible for proceedings in extradtion to be
effective"
John R. Carter, second secretary OF the
| American embassy, was present to near
| the decision and also to watch the appeal
against the decision Of the supreme court Oh
| Canada in the case Of the fishing steamer
Kitty Dee captured by a Canadian cruiser
J on Lake Erie.
History Of the Case.
John F. Gaynor and Benjamin D. Greene
were indicted in Savannah, Ga, December
| 8. 1899. charged with embezzlement and de-
| frauding the United States government, to-
| gether with Capt. Oberlin NJ. Carter, in the
I performance of government contracts for
| the improvement of the Savannah river and
| other river and harbor work in that dis
trict, the Illicit profits being estimated at
s., 100000.
| Gaynor and Greene were arrested in New
| York. They contested extradition to Geor-
| gia and when the United States commits
| siner decided that they must go to that
| state and plead to the indictments they
fled to Canada. They had been at liberty
| on $4,000 bail each, and this was forfeited
Efforts to extradite Gaynor and Greene
| from Montreal were progressing favorably
and the extraditon commission was sitting
| in Montreal, when Gaynor and Greene wen,
| to Quebec. A 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 &C
tion, and a Quebec judge issued a writ o.
habeas corpus, which was served on TIL
jailer at Montreal, who delivered up TIL
| prisoners without notification to the ex
tradition tribunal and permitted them t
to be rushed back to Quebec.
Efforts to Quash.
Efforts to quash the writ of habeas cor
pus under which they had been returne
were denied by Justice Caron. After
long legal controversy Gaynor and Green
obtained their liberty within the limits o
the province of Quebec. The United State
government then appealed to the priv
council Of England, the highest court
that country.
The decision simply reverses Justic
Caron's judgments and leaves Greene an
Gaynor under remand as before Justlc
Caron interviewed.
} The privy council this afternoon granite
the United States leave to appeal in tn
J Kitty Dee case after the vessel IS return
! ed to the custody Of the Canadian court.
Counsel Declined to Talk.
MONTREAL February S.-Donald Mac
Master K. c., counsel for the United State
in the Gaynor-Greene case, refused to dis
cuss the next steps to be taken in the case
but gave out his own cablegram, giving
synopsis of the privy council decision, a
follows:
Decisive judgment given today in favo
of the United States Jurisdiction of Judg
La Fontaine of Montreal, who initiated pre-
ceedings confirmed Judge Andrews tQue
, bec) judgment approved. Judicial commit
tee privy council refer to Judge Caron
| (Ouebec) extraordinary intervention as ca
culated to paralyze administration of jus
tice. Committee says he mlsapprehende
| Andrews Judgment and confused reasons
! | Caron's two judgments reversed. Gayno
! and Greene ordered to pay all costs