The San Francisco call., 1905-02-09
FUCITIVES MAY
Be EITRADITED
Government Wins Point in
the GaynOr-Greene Case
in British Priyy Council
REARRESTS TO FOLLOW
Efforts to Be Renewed to
Bring Men From Canada to
Stand Trial in Georgia
REARRESTS TO FOLLOW

LONDON, Feb. S.-The Priyy Council
rendered its decision this morning in
the Greene -Gaynor case in favor of the
American Government. The Council
reversed the two judgments of Justice
Caron of Quebec, rendered on August
Is, 1902, and ordered the respondents to
pay the costs of the appeal. The Coun-
cil's decision caustically criticizes the
action of Justice Caron in releasing
Greene and Gaynor.
The decision leaves Greene and Gay
nor under remand as before Justice
Caron interviewed.
WASHINGTON, Feb. S.-Although
sufficient detail is not before the law
officers here to warrant a final opinion
as to the effect-of the Privy Council s
decision in the Gaynor-Greene case, the
present understanding is that it will
result in the immediate rearrest of
Gaynor and Greene, who are now at
large in Quebec under surveillance OF
Washington secret service officers.
If the renewed application for extra
dition is granted the men will be taken
to Atlanta, Ga, for trial on charges
growing out of the misappropriation of
Government money in connection with
the river and harbor works on the
=
of Captain Oberlin NJ. Carter.
The officials feel that their hands
have been much strengthened in deal
ing with eXtradition cases between the
United States and Canada by this par
ticular decision, indicating, as it does,
a disposition on the part of the British
authorities TO waive trifiing technicali-
ties and resolve any doubts in favor of
the spirit of the extradition treaty
rather than its letter.
MONTREAL, Feb. S.-Donald Master,
K. c., counsel for the United States in
the Gaynor-Greene case, refused to
discuss the next steps to be taken.
Judge La Fontaine. Extradition COM
missioner, before whom the case was
being heard on It's merits at the time
of the habeas corpus proceedings, said
to-day:
Unless something Unforeseen occurs. the
Sheriff of Quebec viii have to deliver the
prisoners TO Governor Yallee at the Montreal
Jail and they will then be brought before me
and the regular trial, halted by the writ OF ha-
beas corpus, will be recommended. shall
then upon the evidence submitted decide
whether not there are sufficient grouns for
extraditing the accused
John F. Gaynor and BENJAMIN E.
Greene were indicted in Savannah.
Ga, December s, 1899, charged with
embezzlement and defrauding the
United states government, liner
with Captain Oberlin NJ. Carter, in the
performance of Government contracts
for the Improvement Of the Savannah
River and other river and harbor work
in that district, the Illicit profits being
estimated at $2,000,000.
Gaynor and Greene were arrested in
New York They contested extradition
to Georgia, and when the United States
Commissioner decided that they must
go to that State and plead to the in
dictments they fed to Canada. They
had been at liberty on $40, 900 bail each,
and this was forfeited. Efforts to ex-
tradite Gaynor and Greene from Mont
real were progressing favorably when
Gaynor and Greene went back to Que
bee question arose as to whether
they could be brought back, and detec-
tives kidnapped them and took them to
Montreal.
There was a big legal fight over this
action and a Quebec Judge issued
writ of habeas corpus which was
served on the jailer at Montreal, who
delivered up the prisoners without au-
thority from 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 re-
turned were denied by Justice Caron.
After a long legal controversy Gaynor
and Greene obtained their liberty
within the. limits of the province of
Quebec The United States Govern
ment then appealed to the Privy Coun-
Gil of England, the highest court in
that country.