The Montgomery advertiser., 1907-10-29
ONLY A SLIM SHOW
 FOR FURTHER APPEAL
Action Has Been in Federal Courts
 for Fifteen Years.
They Were Convicted of Cemplicisy sn Captain Carter Frauds in savan- nah Harbor Improvements
 Asd Given Four Years
 And Fine of s2,ooo,eoo.

Greene and Gaynor. whose notoriety in connection with government frauds has become national. were yesterday denied a rehearing by the United States Circuit Court of Appeals in session In Montgomery and. unless the defendants secure & writ of certiofarf from the United States Supreme Court. they arn doomed to spend four years in the penf- tentiary, besides each being compelled to pay fine approximating s2.000.0oo
 The cases against Benjamin p Greene, and John +. Gaynor are of world wide renown. Their prosecuttos dates back fifteen years They wexa convicted of being implicated fin one of the biggest frauds ever perpetrated upon the government
 The troubles of these men began with the arrest Of Captain 0berlin M. Carr ter, the engineer in charge of improves ments in the Savannah harbor. Carr ter conspired with Gaynor. his eon-in- law. and Greene, as contractors in the gigantic fraud.
 When the engineer was tried by Q court martial, Greene and Gaynor vera summoned aa witnesses and thereupon they were arrested charged with the conspiracy to defraud and placed under a $5O,000 bond each.
 Greene and Gaynor fled to Canada where for years they resided in auInptuoua style at Frontenac Castle. quebec. while the authorities of the United States were endeavoring to ex- tradite them. Marion Irwin. district attorney for the Southern district of Georgia, was appointed special attor- ney for the government to prosecute the cases.
 Attempt ts szfdnap Them.
 Government secret service agents wore put in the field and in Canada they unsucceasfully attempted to kip- nap the fugftives. Greene and Cay. nor nut to the water 10 avoid being taken and later received the protection Eof the Canadian goxAFnrnent
 District Attnrny Irwin finallv made q trip to England and there saw tae King of Great Britain. These eMortt proved successful and Greene and Gny- nor we're ultimately brought back to the United States.
 on trial, the defendants were convict ed and sentenced to four years in the penitentiary, besides being fined nearly S2,000.000.
 During the trial of the cases lhf Government was able to prove the theft of only about S2,o00. 900. although 1t was alleged that the conspirators had made away with as much as ss.- 100000.
 Carter Served His Time.
 Captan Carter was convicted by tho court martial and sentenced to four years. in the military prison at Fort Leavenworth. Kas. He has completed his time.
 For several years the prisoners have been in jail. while their cases have been winding through the courts. They are now confined at Macon, Ga.
 When the case reached the Court of Appeals 1t was decided against the de- fendants, thus affirming the Judgment of the lower court. Thereafter, coun- sel for Greene and Gaynor applied to the Court of Appeals for q reheArang and 1t was upon this petition that tho court yesterday handed down de- cision denying the application. The application was before Judges ParGee. Mccormick and Shelby
 The brief order of the court was in these words:
 "No one of the judges who concurred in the decision of thia case desiring . rehearing, the application. therefore, is denied"
 This is the final chapter in the re- nowned Greene and Gaynor cases. co far as the Court of Appeals is concerns ed. The only chance for the convicted men now is the supposedly slim prcba- bility of securing writ of certiorari from the Supreme Court
 The decision in the Greene and Gay- nor cases was but one of i've decisions handed qpt yesterday by the Court of Appeals. KThe cases decided were from Georgia and Texas.
 Jurisdlction of Receiver.
 The interesting legal questions as to whether a receiver appointed in enc State has a right to sue in another State was passed on by the Appellate
 
 (Continued on Pare TVxo.)