The Washington herald., 1907-12-24
FAMOUS CASE ENDED
Greene and GaynOr Stay in
Savannah Prison.
HAVE FOUGHT EIGHT YEARS
Supreme Court Declines to Review
Conviction of Celebrated Govern
the Right 10 Make Railroads Show
Cause for Not Obeying New Law.

BY declining to review the conviction
OF Benjamin d. Greene and John =.
Gaynor, by the Federal Court in Georgia,
the Supreme Court yesterday, in effect
affirmed the sentences for four years i'm
prisonment and fines aggregating S575.7 .74s
imposed on them, and brought 20 an end
what has probably been one Of the most
celebrated and hard-fought legal battles
in the history Of American criminal pro-
ceedure.
For eight years the government has
pursued the two men in the courts Of
the United States, Canada. and England.
The prisoners were convicted of en-
bezZlement and conspiracy with Capt
Oberlin NJ. Carter, Corps OF Engineers.
L. S. a. TO defraud the government Of
over half million dollars in connection
with contract for the improvement Of
the harbor at Savannah, Ca, in 1898.
Carter was sentenced by court-martial
to five years. which he served in the Fort
Leavenworth prison. Greene and Gaynor
were prominent and wealthy New York
ers, the latter being member of the
Democratic State committee until his in
dictment for the Savannah frauds
Resisted ExtraditiOn from New York
When arrested in New York they re-
sisted extradition - Georgia for trial, and
carried the case to the Supreme Court
twice, il finally ordering their removal
When arraigned at Savannah. bond for
$4,000 was given by William p Kirk, Of
Syracuse, for their appearance for trial,
but was forfeited when they skipped to
Canada. although the government, on
technicality. has never been able to col
lcct it,
In Canada, when first arrested, the
judge declined to grant their extradition,
on the ground that conspiracy was not
In the list of crimes for which extradi-
tion was provided by treaty An attempt
was then made to kidnap them there
being an exciting steamboat chase on the
ST. Lawrence River, ending in further
legal proceedings and their release on
habeas corpus.
From that decision the United States
took an appeal to the PyIvy Council of
England. the first time it had carried a
criminal case to the highest British court
Its decision reversed the Judgment of the
Canadian jury and the prisoners were or
dered surrendered 10 the American au-
thOrities.
Are Taken to Savannah.
They We're returned to Savannah in Oc-
tober 1895. but it was not until April,
1896, that the trial ended in their con-
viction on two counts. with sentences Of
four years each, and fines equal to the
amount out of which they had defrauded
the government
An appeal was then taken to the
Court Of Appeals. the grounds being that
the ofense for which they were tried in
Georgia was really committed in New
York. where a check for S345,OO0 for work
never performed, was received by Gay
nor and cashed at the United States sub
treasury; that they were tried for an
ofense other than that for which they
were extradited, and the bias Of Judge
Emory Speer, who tried the case, in his
charge 70 the jury. which was extraor-
dinary for its length, consuming two days
The Court of Appeals confirmed the
sentences by a divided bench. and Greene
and GaynOr then asked the Supreme Court
10 review the entire case. by issuing a
writ Of certiorari. This il, Saturday, with
out the formality of an opinion, declined
10 do, and the sentence will become ef-
fective as soon as the mandate reaches
Savannah, where Greene and Gaynor
have been in prison since October. 1895.
Nebraska Gets Right to Writ.
Another case involving the power of
the Federal courts to interfere in tho
execution of the State railroad laws was
taken up by the court yesterday, when
it gave the State of Nebraska the right
10 file a petition for writ of mandamus
and ordered the Federal judges for the
district Of Nebraska TO show cause on
January why the writ should not issue.
The petition asks the Supreme Court to
order the District Court TO remand to
the State court proceedings instituted by
the railroad commissioners and attorney
general of Nebraska against the Burling-
ton, the Missouri Pacific the Union Pa
cific, and Rock Island roads to compel
them 10 put into effect the 2-cent passen-
ger rates prescribed by the State legis-
lature.
Mining Company Denied Writ.
BY denying a writ of certiorari to the
Utah Consolidated Mining Company the
court, in effect, affirmed the order Of the
Federal court in Utah in enjoining that
corporation. the L. S Smelling Company.
and the Bingham Consolidated Mining and
Smelling Company. situated in the Salt
Lake Valley, from roasting or smelling
ores containing more than 10 per cent
sulphur, or which discharged arsenic into
the air. destroying the vegetation. &C.
The proceedings were instituted by
James Godfrey on behalf of himself and
4OS other farmers in the valley.
petition for writ of certiOrari was
presented 20 the court. asking il to re-
view the recent judgment of the Federal
Court Of Appeals. vacating an order ap-
pointing a Federal receiver for the prop
erty Of the Waters-Pierce Oil Company. in
Texas The case grew out OF the attempt
of the Texas authorities TO Gust the oil
company from doing business in the State
because Of violation Of the Texas anti
trust laws.
The petition fled yesterday by Bradley
and Pierce asks the court to review the
last decision. The court took the matter
under advisement. but granted stay of
further proceedings in the lower court
until a decision is reached on the petition.
Advance Granted in Crawford Case.
Solicitor General Hoyt moved for the
government that tie case of William Cor