The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-12-24
Supreme Court Denies
Writs Of Certiorari, End
ing Long Litigation.
SERVE FOUR YEARS;
A FINE OF S575,74o
Found Guilty in Georgia on Two
Charges Of Conspiracy and
Er1bezzlement, and the
District Courts De
cision Must
Stand.

WASHINGTON. December ea.-Thc
Supreme Court Of the United States to-
day denied the petitions OF writs OF
celtiorari. Bringing to that court the
cases OF Benjamin D. Greene and John
Il. Gaynor, who are under sentence to
pay. a fine OF S575.7ia and to undergo
terms Of imprisonment OF four years
each onS the charge OF embezziement
and conspiracy. In connection with Cap
tain Oberln NJ. Carter, to defraud the
United States in connection with the
harbor Improvements at Savannah.
Carter has served q term of imprison-
ment on these charges.
Convicted OF Embeszlement.
Greene and Gaynor were tried by
the United states District Court for the
Southern District OF Georgia. and on
April IL, 1906. were found guilty ON
two charges of conspiracy and enbez-
element. and both were sentenced on
the same day. the amount of the f1ne
imposed representing the gum which
is charged to have been appropriated.
They appealed the case to the United
States Circuit Court OF Appeals for the
Fifth Circuit. and when that court af-.
f;rmed the verdict OF the trial court
Supreme Court for writ OF certiorari,
brlnging the enttfe case to that court
for review. This petition went at
length into the question OF the extra
dition from Canada, and urged the fact
that because the case involved the
relations of this nation to- foreign ma
tons, .the Supreme Court was bound.
under the Federal Constitution. to take
cognizance OF the matter. r.snotwithstand-
ing the case had been passed upon by
the Court of Appeals
Many Questions Involved.
Many important questions were pre-
sented by the case in addition to that
of cstradition. including the one as to
whether a person charged with EN-,
beszlen,ent In one State (Sew York;
car be legally tried in another State
tGeorsia), as Gfeene and Gaynor were,
and also, the question as asstoyavhethersa
rtan charged with an offense In two
ran be regarded as a fugitive from Jus
tice when he remains In one .of them.
The point was also araised that tho
cases were barred by the statute OF
Imitation. "As." said their brief, "the
ihree years statute Of limitation ap-
nlies to the crimes charged, 1t is eri-
dent that in July, 1901. three years
having elapsed. the bar of the statutes
had intervened. unless the defendants
came within the exception to it as per-
sons fleeing from Justice"
The effect of the denial Of tho petit
ton for review by the Supreme Court
las the effect Of leaving in force the
|dccision Of the District Court. The
courts decision was announced by
Chief Justice Fuller, and there was no
written opinion.
MACON, GA. December 2:-.Abso-
llutely no step in law remains by which
we can save Greene and Ciaynor from
their penitentiary sentence" said Mr..
W. ". Osborne TO-DAY, upon being adj
yised of the decision Of the Supreme
Court of the United States denying
their writ of certiorari. When the tel-
cgram from their attorneys in WASH
ington was received by Messrs. Greene
and Gaynor 1t was difficult to find in
their countenaces any trace of disap.
it looked as though he would not eat
q Christmas dinner in Macon. They
declined to make a statement. saying
that they would probably make one
later. They have been podel prison
ers and have never given the 1ailer
| the slightest trouble. It is not prob
| able that tliey will be removed from,
Macon until after the holidays.