The Montgomery advertiser., 1905-02-09
Decision For Uncle Sam in
 Greenc-GaynOr Case.
FIRST BLOOD IS DRAWN
English Privy council's 0pln-
 ion Handed Down.
caustic Criticism is Made sf Justfes Csron. Who Ordered Prisensrs ne- iease--sIessrs. Mcs1astsr ana
 Marion Erwin Reticsns.

London. Feb. s.--The privy council rendered its decision this m0rninw In the Greene-Gaynor case. in favor Of the American government. The council reversed the two judgments of Justice Caron, of Quebec, August -ls. 1909, ana ordered the respondents to pay tho costs of the appeal. The councils de- cision causticaIly criticixss the action of Justice caron in releasing Greenn and Gaynor and Caron's "extracrdinars intervention" and adds:
 Where a prisoner is brought befora competent tribunal charged with an extradition offense ana Is remanded Tor the express purpose of affording the prosecution an opportunity of brinwinx forward evidence whereby the aceusa~ ton IS to be supported. if in such case upon a writ of habeas corpue A learned judge treats remand warrant as q nuiiity and proceeds to adfudicafe the case as though the whole evidence was before him. 1t would paraIyxe tha administration of justice and render it impossible for proceedings in extradi~ tion to be effective.s
 John R. Carter second secretary of the American embassy. was present tn W8bEW the appeals against the decision of tha supreme court of Canada in the case of fishing steamer Kitty Dee captured by a Canadian cruiser on Lake Erie.
 John r. Gaynor and Benjamin D. Greene were indicted in Savannah, Ga. December 5, 1899, charged with AFn- bezzlement and defrauding the United States government. together with Cant. oheriin Carter. in the4performance of government contracts for the improves ment of the Savannah river and other river and harhor work n that dihtrfef. the Illicit profits being estinaated d
 The Famoas Case.
 Gaynor and Greene were arrested In New York. They contested extradltion tq GcorBia and when the United states commissioner decided that thev musf go @ that State and plead to the fn- dictments they lied to Canada. They had been at liberty on s40.o00 bail each and this was E0rfeited Efrorts to extradite Gaynor and Greene from Montreal were progressing favor- ably and the extradition commission was sitting in Montreal when Gavnor and Greene went to. Quebec. A ques- tion arose as to whether they could be brought back and detectives kfd- naped them and took them to Montreal.
 There was | big legal fight over this action and a Quebec judge Issued a writ of habeas corpus which was served on the taller at Montreal. who delivered up the prisoners without no- tificatlon 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 was denied by Jus- tice Caron. After a long legal conS troyersy. 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 reserves Justice Caron's judgments and leaves Greene and Gaynor under remand as before Justice Caron intervened.
 The privy council this afternoon granted the United States leave to ap- peal in the Kitty De cease after the vessel is returned to the custody of the Canadian court.