Show ONE LAP NEARER i f 1 STATES PRISON Greene and Gaynor Lose in United States Circuit Court of Appeals TWO CHANCES YET REMAIN CASE HAS LASTED SEVEN YEARS AND SIX MONTHS New Orleans La June Tune 3 The sen sentence sentence tence tenee or of the Savannah court in the fa famous famous a Greene and Gaynor case Involving InvolvIng ing over a half million dollars fraud fraudin in government contract work in the Savannah harbor was affirmed today in inan Inan Inan an opinion handed down by the United States circuit court of ot appeals The rhe sentence Is four tour years Imprisonment each e ch and a fine aggregating Judges Shelby and McCormick ren rendered r rendered n nde dered de red the th opinion and Judge Pardee dissented Benjamin D Greene and John F P Gaynor the defendants appealed on assignments of errors Most interesting of these was waa the claim that their ex extradition extradition extradition tradition from Canada a case which went to the privy council of ot England before being finally tried was Illegal They claimed they were extradited upon one ne offense and tried upon an another another another other Upon this point the court says Ruling of the Court It Is not unusual unus al nor would it be ex cx expedient expedient or practicable for a warrant of ot extradition to describe the crime with all the fullness that would be required In an Indictment While extradition and indictment must be for the same criminal acts it does not no follow that the crime must have the same name in both countries The court held that the defendants were ere extradited for an offense for which they had been twice Indicted Replying to the th contention that their offense was not extraditable under the treaty the court held first that It was extraditable and also that even If the treaty did dM not on its face allow b luon tion for fOD this offense nevertheless the I 1 parties to this treaty could have taken aken action to make the Instrument cover the th offense and that such action would have applied to a previously commit committed committed committed ted offense On the ground that they were fugi fugitives fugitives fugitives tives from justice the court dismissed the defendants plea olea for the benefit of the statute of limitations |