Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1906-01-06

six years Of CONTINUOUS cuott !"
have BENJAMIN d. Greene and John
=. Gaynor brought To trial tor a'les-
ed conspiracy with Captain Oberiin
Al. Carter OF the United States army
10 defraud the government out d
millions In the harbor improvements
a savannah, their case Will be cait
ed for trial here next week before
Judge Emory Speer, In he United
States court for the southern district
Of Georgia. The trial bids fair 10 Ae
a great event.
IL was on December 3. 1889, that
Greene and Gaynor and the other
members Of the Atlantic C0nstruc-
,lon company were indicted by the
United States grand jury here for
conspiracy to defraud tho United
States and causing To be made and
presented TO Carter for his approx
nj and payment fraudulent accounts.
These indictments were covered by
the e~xtradition charge designated IN
the treaty az participation In fraud
by an agent" On November IL last
two additional indictments charging
embe1xlement and receiving the mon-
ey that was alleged TO have been
known 10 have been emhezssed by
Carter were returned to the federal
court here against the same parties.
The events leading up to these In
dictments were brought To light In
the trial u Captain Carter. which laid
bare frauds involving sucn enormous
sums that the public stood aghast. In
1888 Captain Carter, who vas regard.
ed as one Of the abiest engineers In
the employ Of the government, was
sent here To take charge Of the Inn
provement Of rivers and harbors. the
work on which called for an expen-
diture Of more than S3,O0O.0O0. He
70 managed matters that the Atlantic
Construction company. Of which
Greene and Gayn0r were the head,
not control d practically all tfSe
contracts. Carter was tried and con-
victed OF the charges brought against
him. Benjamin u. Greene, John F.
0aynor and the younger Gaynors were
arrested on the Indictment returned
in Georgia and brought before the
United States commissioners In New
York City on December IA, 1899. Then
followed a long legal struggle against
e~xtradation to Savannah. Step by ster
the case was fought. and when the
United States supreme court finally
swept away all obstacles between
them and their trial, Greene and Gay
nor led to Canada, and their bal
bonds were forfeited. II IL said thai
the bondsmen were afterward REIN
bursed by the fugitives.
The fight Of the United States gov
eminent to secure the ~extraditiOn O
the fugitives from Canada was prob
ably the most noted case Of its kint
In history. For a long time It look
ed ~ though Greene and Gaynol
would come on victorious. Every ct
fort to secure extraditiOn proved III
tile. The fugItives 9 located Il
Quebec and al the court proceeding
there resulted Ii their favor. tn
prosecution then took steps to hav'
the fugitives transferred to Montrea
where decisions more favorable Y
the United States government wer'
expected. Greene and Gaynor wer'
virtually kidnapped and taken Y
Montreal But here again the prose
cution was outwitted. for the authori
ties decided that the prisoners mus
be returned to Quebec. Upon the re
turn 10 Qiebec Mr.. Justice Caron rem
dered . judgment. holding that ther'
we're no ~extradition crimes charged
In the complaint, and setting the ~
gitives 1t liberty.
The prosecution had no remedy b!
appeal IRON his judgment discharR
Ing the prisoners, to any CANADIAN
court. There was a possible remed,
by application for allowance Of appea
to the British privy council. tn,
United States made this application
and an appeal was granted. At thu
Anal hearing the privy council revers
ed Mr.. Justice Caron's judgment. o.
March 4, 1905. the prisoners wer'
again brought before COMMISSIONS
Lafon 'aine at Montreal and the hear
ing resumed. Appeals e the superior
court Of Mortdeal, to the kings bench
10 the supreme court Of Canada ant
firaily 4 the privy council in Eng
land failed to stop the proceedings
On September %. 1905, Judgment wa.
rendered sustaining Commissions