Waterbury evening Democrat., 1905-02-08
GREENE-GAYNOR CASE
 WAS DECIDED TO-DAY.
The American Government Wns-The Judgments of the Quebec Justice Were Reversed-Creene and Gaynor Must Pay All The Costs-Story of the Cele. brated Case

London Feb S.-The privy council rendered it's decision this morning in the Greene Gaynor case in favor of the American government.
 The court reversed the two judg- ments of Justice Caron of Quebec. Au gust 12, 1902, and ordered the respon. Idents to pay the costs of the appeal. The councils decision caustically criti- cizes the action of Justice Caron in re- leasing Greene and Gaynor and Ca. ron's extraordinary intervention" and adds: ,s
 Where prisoner is brought before Il competent tribunal charged with an e1tradition offense and is remanded for the express purpose of atfording the. prosecution |, an opportunity Of bringing forward evidence whereby the. accusation is to be supported, if in such case upon writ of habeas cor pus learned judge treats remand warrant as a nullity and proceeds to adjudicate the case as though the whole evidence was before. him, it would paralyze the administration of Justice and render it impossible for proceedings ill extradition to be effec, tive" ''f <-..
 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 the fishing steamer Kitty Lee, cap tured by Canadian cruiser on Lake Erie.
 John r. Gaynor and Benjamin D. Greene were indicted in Savannah, Ga. December s, 1899, charged with en- bezzlement and defrauding the United States, government, together with Cap tain Oherlin NJ. Carter. in the perform. ahce of government contracts for the improvement of the Savannah river and other river and harbor work In that district. the illicit profits being es- ttmated at So,000.00O
 Gaynor and Greene were arrested in New York and were arrigned before Commissioner Shields. They contested eXtradition to Georgia and when the commissioners decided that they must go to that state and plead to the in- Gictments, they disappeared. but were later located in Canada. They had been liberty on S40.O0O bail each ana this was forfeited. Efforts to extradit. Gaynor- and Greene from Montreal were progressing favorably and the ex. tradition commission was sitting ih Montreal when Gaynor and Green. went to Quebec. \ question arose as to whether they could be brought back and detectives Kidnapped them aud took them to Montreal. There was a Dig legal fight over this action and a Quebec judge issued writ of habeas corpus which was served on the jailer 1t Montreal, who delivered up the pris' oners without notification to the ex. tradition tribunal and permitted them to be rushed back to Quebec. Efforts to duash the writ of haheas corpus un. der which they had been returned were denied by Justice Caron. After long, legal controversy 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.
 Montreal, Feb S.--Donald MacMas, ter, k. C., counsel for the United States in the Gaynor.Greene case, refused to discuss the next steps to be taken in the case, but gave out his own cable gram, giving d synopsis of the privy councils decision, as follows:
 Decisive judgment given to-day in favor of the United States. Jurisdic. ton of Judge La Fontaine of Montreal. who initiated proceedings, confirmed. fudge Andrews Quebec, judgment ap> proved. Judicial committee privy council refer to Judge Caron's (Qucbecl extraordinary intervention as caicu lated to paralyze administration ot justice. Committee says he misappre- hended Andrews judgment and con. fused reasons. Caron's two judgments reversed. Gaynor and Greene ordered to p3y all costs.'