The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1907-06-06
GRAFTERS ARE GRIPPEO.
Greene and Gaynor Must Serve Sen
tences of Four Years and Pay
Fine Of $575,0co.

The sentence Of the federal court
in the famous Greene-Gaynor case, in
volving over half a million dollars
fraud in government contract work in
Savannah harbor, was affirmed Mon
day in an opinion handed down by
the United States circuit cour. Of ;:p-
peals at New Orleans. The sentence
is four years Imprisonment each and
a. fine aggregating s575,O00. Judges
Shelby and Mccormick handed dom
the opinion, which was on an appeal,
and Judge Pardee dissented.
Benjamin Greene and John F. Cay
nor. the defendants, appealed on 1913
assignments of error. Most interesting
OF these was the claim thai their ex-
tradition from Canada, a case which
went to the privy council of England
before being finally tried, was illegal.
They claimed they were extradited
upon one offense and tried upon ar
other. Upon this point the court says:
1T is not usual, nor would 1t be
expedient or practical, for a warrant
Of extradition to describe the crime
with all the fullness that would be
required in an indictment. While ex-
tradition and indictment must be for
the same criminal offense, it does not
follow that the crime must have the
same name in both countries"
The defendants were extradited for
an offense for which they have been
twice indicted.
Replying to the contention that their
offense was not extraditable under the
treaty the court holds first that 1t was
extraGitable and then argues that even
if the treaty did not on it's face allow
eztradition for their offense, neverthe-
less the parties to this treaty could
have taken action to make the in
strument cover the offense and that
such action would have applied to a
previously committed offense.
On the ground that they were fugi-
tives from justice the court dismissed
the defendants plea for benefit of the
statute of limitations.
Judge Pardee, in dissenting, goes
further even than upholding the plea
of illegal extradition and that for the
statute of limitation He says, quoting
from a court decision:
"It is better that a person should
escape altogether than judgment of
conviction of IAN Infamous crime
should sustain where the record does
not show clearly that there was a
valid trial"
He holds that the introducing of
accounts of defendants as documenta-
ry evidence should not have been al
lowed and that the charge of the trial
Judge was erroneous and in any or
dinary case would warrant, if not alb
solutely require, reversal.
The first Indictment in this case
was found in Savannah in December,
1899, so that Mondays decision comes
after seven years and nearly six
months continued fighting against
government prosecution. Greene and
Gaynor can now either apply for a re-
hearing or 90 to the supreme court
on writ of certiorari
While the attorneys for Greene and
Gaynor will not discuss their future
action in the case pending the receipt
o. the full decision of the circuit cour;
of appeals, it is expected that the
fight in behalf of their clients will be
carried to the United States supreme
court. Every possible appeal will be
resorted to in behalf of the convicted
men.