The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-01-10
GREENE GAYNOR
CASE IS STARTED.
After Four Years Of Legal Spar
ring, the Alleged Conspirators
Face the Court.
CLAIMED NOT ExTRADITABLE
British Ruling Prccludss Trial Of
Two Old Indictments Ar
CUES the Defense.
.lBY AssocIated prnssl

lBy Associated Press)
I SAVANNAH. GA, January D.-The first
day OF the Greene and Gaynor case In the
United States court for the Southern Dis
trct of Georgia was consumed In pre-
liminary skirmishes between counsel with
the issue upon tho contention advanced
still undecided when adjournment until
tomorrow morning at $3.50 o'clock was
taken. 1t seemed quite possible as ono
observed the slow progress of the case
that 1t might be days before the point OF
drawing the Jury for the actual trial
would be reached, as there arc NUM-
her Of pleas In abatement and dcinurrers
to tho bills of Indictment yet to be
presented to the court and argued.
After fonr years spent In exile az fug-
.tives from the law, Benjamin -. Greene
and John +. Gaynor appeared this morn
Ing IN the Federal court for the South
ern District of Georgia before Judge
Emory Speer. to answer to several indlct-
ments charging them with conspiracy TO
defraud the government; with embeZze-
ment, and with receiving money known
to have been embezzled from the United
States. The attendance In tho court
room was large. the interest among the
members OF the bar being particularly
intense. A number of visiting attorneys
were present. With the two defendants
appeared Peter w. Meldr!m, as leading
counsel. and Osborne and Lawrence as
associate counsel Sitting with the de-
PENDANTS. too. though not engaged in the
case. was James Gaynor. OF New York.
n brother of John +. Gaynor
For the government appeared Special
-,,tt
Erwin. assisted by Samuel b. Adams and
General Thomas +. Barry. United States
army, retired. and formerly Judge advo-
cate-general. whom Mr.. Erwin introduced
to the court as assigned by the attorney
general to assist IN the prosecution.
Call Two Cases Only.
Shortly after the converting of court
Mr.. Erwin announced that at this time
he desired to call only the cases OF Ben
jamIn ID, Greene and John +. Gaynor
making no alluson TO the indictments
standing against tho co-defendants. Wil-
liam T. and Edward II. Gaynor. brothers
of John # Gaynor: Michael A. Con-
molly and former Captain Oberlin NJ. Car
ter. none of whom was in the city.
plea in abatement was read by Col
onel NeldrinI, holding that the court was
without jurisdiction. because the charge
OF conspiracy upon which the first bill
of indictment had been found. was not
an extraditable offense under the treaty
obtaining with Canada. He asked tho
court 10 discharge the defendants from
custody
Claims Not Extraditable.
Mr., Erwin expressed desire to file an
answer to the plea later. suggesting that
the case might proceed in the meantime.
The court tentatively took the same view.
Counsel for the defense objected, how
ever, claiming that the question of the
plea was one of vast Importance, and that
it should be determined forthwith. The
indictment. said Colonel Meldrim. was
found upon charge of conspiracy. The
British prlvy council has found that con-
splracy is not an extraditable offense
between the United States and the Do
minion OF Canada; hence as the defen-
dants were extradited they cannot be
tried upon an Indictment alleging con-
spiracy. This, according to the defense
should quash lie two old indictments.
Argument in support of the plea in
abatement was begun by a. A. Lawrence,
OF counsel for the defense, He had not
completed his argument when adjourn
ment for the day was taken
+ u