The Cairo bulletin., 1907-06-05
AFFIRM SENTENCES
OF U. s. GRAFTERS
COURT OF APPEALS RENDERS
ITS DECISION IN THE GREEN
AND GAYNoR CASE.
MUST PAY BIG FINES
And Serve -Four Years in Prison
Extrad ton From Canada IL
Held LegaI--May Go to
U. S. Supreme Court.


New Orleans. June 4-The sen
cnce Of the Savannah court in the
famous Green and Gaynor case, in
y0lying over half a million dollars
fraud in government contract work In
savannah harbor, was affirmed today
in an opinion handed down by the
United States circuit court of appeal
The sentence IL four years lmprison-
ment each and fine asgregating
$575,1G0
Judges Shelby and Mccormick
banded down The ouinion, which was
on an appeal. and Judge Pafdec dis
sented
Benjamin d. Greene and John r.
Gaynor. the defendants appealed on
80 assignments of error Most in or
es ing OF these was the claim that
their extradition ffoIh Canada a cage
which went to the priyy council Of
Eng and before being finally tried
was illegal They claimed they we're
extradted upon one offense and tried
upon another. Upon this point the
court says
Extradition Held Legal.
1T Is not usual, nor would VI bc AK
pedent or practicable, for warrant
of extraditim To describe the cr me
with all the fullness that would be
required in an indictemtn. While ex-
tradition and Indictment must be for
The same criminal acts, it does not
follow that the crime must have the
same name In both countries
The court held that the defendants
we're extradited for an offeuse for
which they hal teen twice indicted
Replying to the conten ion that
their offensa was not extraaitabin nm
Ger tho treaty. the court hollis, fi~st,
that 1t vas extraaitabin, and sheu
argucs tha cven II the treaty d6d not
on its face ALLOW extraditiun fos \ c'r
l9gsef,rcy sasa4axtleleaa lhe parlse ia
mis- treaty could have taken 4 lion
to make the instrument cover the
cffense, and that such action wanld
have applied to a previously con
mitted offense.
On the ground that they were fugi-
tiyes from justice. the court discusses
the defendants plea for benefit of the
statute of limita ions
Judge Pardee IN dissenting. goes
further even than nphol1ing TIE plea
Of illegal extradition and that for he
statute Of limitations. He says qrot-
ing from a court decision, II Is let
ter that person should escape alto
gether than that a Judgment o. con-
rction of an infamous crime should
sustain where the record does uot
show clearly that there was valid
trial"
He holds that he introducing Of The
accounts Of the defendants as docu-
mentary evidence shoud not have
been allowed and that the charge OF
the trial judge was erroneous aud ~
any o. dinary case would warrant. II
not absolutely require, a reversal.
The first Indictment in this case
was found in Savannah in December,
1899. SO tha today's decision comes
after seven years and nearly SIX
months continuous fighting against
government prosecution Greene and
Gavnor can now either apply for a
rchearnE OF go to The supreme court
on writ of certiorarl. The snc-
cessiye stcps in Greene and Gayuor's
long fight were as follows;
Case tterly Fought
There was more than two years de-
lav In preliminary examination IN
New York following the first indict-
nent found In Savannah Finally The
defendants were committed for t'al
to Savannah in February of 1902. a
months stay was gained ON a domur-
rer. When TIE case was again called
Greene and Gavnor were both in Can
lda. n was u0 until over taree and
lne-half wears later. after Canada had
lrce refused 10 grant eNtradition and
after the piiyy council of Enelani
aaa reversed the decision th7t Greene
ana Gavnor were again within the
Jurisdiction of The United States.
The were returned 70 the United
states 10 October IF 1905 ana the iriai
lcean in anuary i9aG IN savannah
After their conviction there. nearly
= year more was consumed by The ap-
peal decided to-day.
At the sumeRt of the case here
early in April last rhc conTf records
Were 81 voluminous tha. they had io
be- wheeled into court In several truck
loads Arguments occupied al fhe
courts time FOR a weeh