New-York tribune., 1905-06-07
GAYN0R AND GREENE LOSE
=
EXTR4DITTON GRANTED.
Ordered 10 jail IN Montreal to
47cait Surrender.

Montreal, June 6.-Judge Lafontaine extrsdi-
tion commissioner to-day gave Judgment in the
case OF the United States against John F. Gay
nor and Benjamin o. Greene. committing both
for extradition and ordering them back to fall
ts await surrender TO United States officers 1t
said tonight that Gaynor and Greene's
counsel would apply for writ of habeas corpus
In rendering Judgment. Judge Lafontaine
spoke for two hours and a half. In summing
up he said:
My conclusion is that The allegation of the
conspiracy TO defraud the United States as
being in existence between Carter and the ac-
cused on about July / 1897 is proved TO the
hilt; that Carter, a public officer and agent and
trustee OF the United States, was convicted in
the United States of fraud. as declared by the
United States Supreme Court in the case of Car
ter agt McClaughry; that this offence of fraud
and participation therein punishable by the
laws or both Canada and the demanding coun-
try mat the accused have participated in the
offence OF fraud committed by Carter, for which
he was SO convicted: that fraud by agent and
trustee and participation herein extradtable
crimes
That Carter was tried in the United States
and convicted OF embezzlement which Of
fence is known under our law by the term of
theft. the difference in the name OF the offence
In the two countries being immaterial; that the
accused have participated by their conspiracy
with Carter in the embezzlernent SO committed
by him; that such participation is punishable
py the laws or both countries and is ar extradi-
ton crime.
That on July 6. 1897. the accused fraudu-
Carter
s5f5.f4o 9O. knowing then that the same had
peen embezzled (stolen) by him, and that the
ofence OF receiving stolen property is punish
eoIe unoer the laws OF both countries, and is by
the treaty, section g. an extradition crime:
consequently. determine that the accused
must De committed to jail pending surrender.
The efforts made by Benjamin D. Greene and
John r Gaynor to escape trial for their con-
nection with frauds on the United States Govern
nent at Savannah have been persistent and
rrGrr NraH
grand Juries of Georgia on charges of being i'm
phcated with Captain Oberlin NJ Carter T. s. A.
in the frauds in carrying out the dredging con-
tract for Savannah Harbor and Cumberland Sound.
Carter was court martialled and afterward tried
and convicted serving term Of five years at Fort
Leavenworth, Kan. The transactions in which his
guilt was shown were in connection with the work
done by the Atlantic Dredging Company. of which
Messrs- Greene and Gaynor the principal men.
TIE hrst indictment against them found in 1900.
charging that the government had been defrauded
out OF s57574s 90. When they arrested in this
city and taken before United States Commissioner
Shields every loophole of the law resorted to
in order 20 prevent their having 60 TO Savan-
nah But they .yere finally ordered TO appear there
on February = 1862 They did so and the hearing
adjourned foT i month. But in the mean
he zee oZ-ec[si "a 9Tgesr Before udge Emory
Speer On March l.. Neither appeared, and Judge
nitted 70 bal IN the sum Of $40 zoo each It was
found soon after mat they had fed to Canada:
The TWO men took up their residence at hotel
in Quebec and made attempt at concealllellt
On May l5 SO. they we're arrested on warrant
issued by Judg Lafoutsine at Montreal and taken
10 that city. This arrest created sensation IN
Quebec. as IL first reported that the men
had been kidnapped by American officers.
Under this Impression the tug which they
were taken Montreal pursued by three Cther
TUGS but the pursuit proved fruitless. Legal IFo-
ceedings their behalf, however resulted IN th1lr
return to Quebec. still under arrest
1t was August, 1892, that Justice Caron, or the
Superior Court Of Quebec. ordered thej: Teleass
from custody. Further proceedings by TIE United
States were taken unsuccessfuliy TO obtain tne eA
tradition of Gaynor and Greene. and Hna!ly the
case was appealed by Washington 10 the Britlsh
Privy Council.
The judicial committee OF the Privy Council de-
ci6ed the appeal on February last in favor OF the
United States, reversing the judgments. OF Justice
nrxonsrs as an extraordinary Intervention This
decision merely left the prisoners under remand
as before Carons interference ,s
T-1a then continued peIorc
Judge L. af0ntaine who into the merits OF the
csSe and rendered his decision yesterday: -,
10Th C5aynor and Greene had tpelr taInltles WIN
-LeTc in Ouehec where they have lived Tor nearly
three years Although they nave occupied holig5 eb
N Tbe same street. within a rev CootS o. En-
oIher the families did not speak with each olleI, @
(yEine 70 deTstandng TWO year ago. II
0rlZ when some matter came up feallNe 70 IIle
4hatt he conferred, II lS SS-o u! Ieoe
- lev Them Colonel GaynoT had ms iouse
4r--sebed with the same luxury as tllS nom iIea
.-ar-Se v-hich he occupied when ne was q cas-
ae- heard TO say that he did not peileNe ne E -
oeT 5-srice in this and prelefteu l" '0N0
his chances in Cana0a