The Birmingham age-herald., 1907-06-04
GREENE AND GAYNOR
 ID SERVE SENTENCE
Savannah Court Decision Af- 'frmed by Court of Appeals
FOUR YEARS IMPRISONMENT
Fines Aogreeatlng $575,ooo For Fraud in Government Contract Work in Savannah-They Fought Ex-
 tradition.

New Orleans, June 3.-The sentence of the Savannah court in the famous Greene and Gaynor case involving over half q million dollars fraud in government con- tract work in Savannah harbor, was af- firmed today in an opinion handed down by the United States circuit court of ap- peals. The sentence is four years im- prisonment each and me aggregating S575 000. Judges Shelby and Mccormick handed down the opinion, which was on an appeal. and Judge Pardee dissented.
 Benjamin D. Greene and John F. Gay nor, the defendants. appealed on 193 as- signments of error. Most interesting of these was the claim that their extradi- tion from Canada, 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 another. Upon thls point the court says:
 ''It is not usual, nor would it be ex- pedient or practicable for warrant of extradition to describe tie crime with all the fullness that would be required in an indictment While extradition and in- dctment must be for the same criminal acts, 1t does not follow that the crime must have the same name in both coun- tries"
 The court held that the defendants were extradited for an offense for which they had been twice indicted.
 Replying to the contention that their offense was not extradltable under the treaty the court holds first that it was extraditable, and then argues that even if the treaty did not on it's face allow extradltion for their offense, neverthe- less the party to this treaty could have taken action to make the instrument cover the offense, and that such action would have applied to a previously com mitted offense.
 On the ground that they were fugitives from justice the court dismisses the de- fendants' plea for benefit of the statute of limitations. Judge Pardee in dissent Ing goes fhrther even than HphWdins the plea of iilesa extradition, and that i for the statute Of Limitations. He says, quoting from court decision. Tt is bet ter that a person should escape altogether than a judgment of conviction of an in- famous crime should sustain where the record does not show clearly that there was valid trial"
 He holds that the introducing of the ac- counts of the defendants as documentary evidence should not have been allowed, and that the charge of the trial judge was erroneous and in any ordinary case would warrant, if not absolutely require, a reversal
 The first indictment in this case was found in Savannah in December. 1899. so that todays decision comes after seven years and nearly six months continuous fighting against government prosecution. Greene and Gaynor can now either apply for a rehearing or go to the supreme court on writ of certiorara.
 The successive steps in Greene and Gay nors long fight. were as follows: There was more than two years delay in pre- liminary examination in New York fol- lowing the first indictment found In Sa- vannah. Finally the defendants were committed for trial to Savannah In Feb ruary of 1902. A months stay was grant, ed on a demurrer. When the case was again called Greene and Gaynor were both in Canada. It was not until over three and one-half years later. after Can ada had once refused to grant extradition, and after the privy council of England had reversed this decision, that Greene and Gaynor were again within the Juris- diction of United States courts They returned to the United States in October of 1905. and trial began in January 1906 in Savvanah. After their conviction there nearly a year more was consumed by the appeal decided today. At the argu- ment of the case here carly In April last the court records were yolnminous that they had to be wheeled Into court In seV- eral truck loads. Argument occupied all the court's time for week.