The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-02-09
GAYNOR AND GREENE LOSE.
PRTVY COUNCIL DECIDES THEY
CAN he EXTRADITED.
United states Wins Against the Men Who
Took Refuge I'm Quebeo-Charged
with Completely in the Savannah Frauds
for Which Carter Wac Convicted.


of the Privy Council gave judgment to-day
in favor of the United States in the case
Of Benjamin d. Greene and John +. Gaynor,
who fed 20 Canada when their connection
with the Savannah harbor frauds was dis
covered in 1902 and they were indicted with
Capt. 0berlin Carter, The Canadian courts
refused to e1tradite them and the. United
States appealed to the Privy Council.
The Lords Of the Council will advise bis
Majesty that the two Judgments OF Judge
Caron of Quebec against the United States
on Aug. 8. 1902, should be reversed, the
respondents paying the costs of the proceed
ings
WASHINGTON Feb. s.--Attorney- General
Moody, speaking to-day Of the decision
in the Greene-Gaynor case said:
~The Government Is, OF course. greatly
gratifed Mt the result. 1t has always been
convinced that the decision and action OF
Judge Caron in disoharging the defendants
was erroneous and tnjustifable, and has
been confident of success in it's contentious
before the Privy Council. II seems clear
from the cabled reports OF the decision that
the Jurisdiction Of the Montreal Extra
dition Commissioner. Mr.. La Fontaine. to
issue warrant of arrest valid tn Quebec
is sustain ed and that. on the other hand
after the action OF Justice Andrews in re-
handing the prisoners to the Montreal
jurisdiction for the completion Of La
Fontaine's inquiry. Justice Caron, while
having jurisdiction to Issue habeas corpus,
was bound to follow the remand.
He was therefore in error in taking the
case on tho merits and discharging the
IL TT..st 49,
joyed full opportunity to make out it's
case under the treaties. II seems that the
opinion Of the Privy Council denominates
Justice Caron's intervention as extraor-
binary. Active proceedings TO secure re-
moval will now be resumed as soon as the
Kings order is received in Canada. This
is the real judgment and mandate In the
case, the judgment OF the Privy Council
being simply report OF the Judicial Com
mittee TO the Kings Council, upon which
the Kings Council makes tho order and
decree.
MONTREAL, Que Feb. s.--The procedure
which will follow the decision of the Priv5
Council in the Gaynor-Greene case was
outlined this morning by Judge Lafontaine.
the Extradition Commissioner. The first
effect Of the judgment. he saye, is that the
Sheriff Of Quebec must now deliver up
Gaynor and Greene TO Gov. Valee of Mon
treal Jail. When this Is done the prisoners
will be taken before the extradition tribunal
and the proceedings which we're interrupted
nearly three years ago by the habeas corpus
will be recommended. Judge Lafontaine.
no wever does not expect that any steps
will be taken until official papers announc-
ing the Judgment are received at Quebec
Donald MacMaster, junior counsel for
the United States refused to discuss the
Judgment, merely handing out a telegram
which he received announcing the decision,
1t follows:
Decisive judgment given to-day IN favor
of the United States Jurisdiction Of
Judge Iafontaine Of Montreal. who in
itiated proceedings confirmed Judge An
drew's Judgment approved judicial COM
mittee Privy Council refer to Judge Caron's
Intervention as calculated to
paraIyze administration Of justice Com
mittee says he inexperienced Andrews
Judgment and confused reasons. Csron's
two judgments reversed. Gaynor and
Greene ordered to pay all costs
QUEBEC, Feb. s.-Nessrs. Gaynor and
Greene received word OF the decision in
their case here to-day, but referred the
correspondent 20 their counsel, Mr. Tasche
reau He said he did not consider that
the case was in any way settled. They
intended TO fight to the last ditch in the
e1tradition proceedings and hoped to win.
Both Gaynor and Greene have been keeping
rather closer 10 their homes Of late than
usual 1t is said that United States Secret
Service men are watching them but 80
far the officers have not showed their hand
Gaynor and Greene were indicted at
Savannah, Ga, in 1899. charged with en-
bezzlenent and defrauding the United
States Government in connection with
contracts for harbor improvements there.
Cant Oberlin NJ. Carter, |. 5. A. was con-
yicted Of the same charge. and was dis
missed from the army and sentenced TO a
term in the penitentiary. which he has
served.
Gaynor and Greene were arrested in
New York. They fought extradition to
Georgia, and when Q United States Com
missioner decided against them they fed
10 Canada, FORGETTING 10000 bail each They
went first TO Montreal. and the United
States Government took steps to have
them extradlted The case was proceed
ing favorably when Gaynor and Greene
went TO Quebec.
In NAV, 1902, detectives kidnapped the
two men, took them aboard fast tug and
conveyed them to Montreal. where II was
believed eXtradition proceedings stood a
better chance OF success than In Quebec,
There was a hot chase up the st. Lawrence
River by friends OF Gaynor and Greene in
other tugs boat put out from Three
Rivers to intercept the boat, and special
train was chartered in Quebec 10 carry q
rescuing party by land.
At Montreal where the men were landed
,.dx I 81 In r,,it tod tn nil
Judge Caron OF Quebec granted a writ OF
habeas corpus. however, and Gaynor and
Greene were taken back there and released.
The United States Government thereupon
appealed to the Privy Council, the court OF
last resort in Great Britain.
The Government Is said to have lost
81 10000 by the frauds with which Gaynor
and Greene are charged.
DE4DON THE FLOOR OF HIS HUT.
Ola Man Who Lived Alone May Have Been
for NInnay