The times. [volume] (Richmond, Va.) 1890-1903, 1902-08-14
Judge at Quebec Releases Them
on a Technicality.
FURTHER ACTION POSSIBLE
Tn. OHense for Which They Are Wanted
is the Misrepresentation of Large
Sums Of Government Money on
Contracts With Capt. Carter.
fBy Associated Press.)


the Superior Court, to-day released Cap.
tain Greene and Colonel Gaynor. the
American contractors who are wanted
In the United States for alleged frauds
against the Federal Government tnvoiv-
Ing hundreds OF thousands of dollars.
Judge Caron based his decision upon
the absence Of dates on the warra ots
under which the prisoners were FIRST ar
rested in Quebec, discrepancies IN the
charges on which true bills were obtained
against the prisoners in the United
States. and discrepancies between those
charges and the charges made in the
application for extradition.
The prisoners We're at once released
and received the congratulations OF their
friends. and the court adjourned, Mr..
Nc&astcr, counsel for the United States
Government. was asked whether the
prosecution intended to take any further
action looking to the extradtion Of Col.
Gaynor and Captain Greene. Mr. McMas-
ter replied that he was unable to speak
positively on the subject until after a
conference with Mcssrs Erwin and Stew
art, which was held to-day at the Cha
teau Trontenac.
There was a large attendance of both
legal luminGries and spectators Mrs
Gaynor, accompanied by a number of
ladies. was present during the delivery
of the judgment Gaynor and Greene
came into court with Sheriff Langelfer
A LENGTHY OPINION.
Judge aCron ascendcd the bench at 10:
SO o clock and began the reading of the
very lengthy notes preceding his judr-
rent. The Judge referred to the case
az OF great Importance. if only by reason
of the unusual proceedings employed. and
Went on to say that he would only re-
view his last two writs He then read
the petitions OF the prisoners for writs
OF habeas corpus, upon which the writ
was issued, in virtue of which the pris-
''ners Were taken OUT of the hand. Of
Tailor Valee. Of Montreal. as well as the
answer thereto. and the writ itself. The
events Immediately preceding the issue
of wrlts ne also reviewed and went or
10 concur in Judge Andrews opinion with
regard TO the sensational manner IN
which the prisoners answer was made
here.
With reference to the attacks made
upon himself. he was sure that the
american Gorernment's authorities and
sle1s agents could have no hand in them
ne houce OF the American Govern
ments lawyer 10 Tailor Ealee TO attend
TO delivery of Judge Andrews judgment
was then quoted and Valee's compliance
therein noted
That Judgment ipso facto, dispossessed
Judge Andrews of the prisoner and un-
der the circumstances he Judge Caronl
was quite justified in his subsequent
issue Of wIits of habcas corpus to Jailor
Talee
JUDGES REASONS.
Judge Caron next quoted authority for
his issue OF a writ OF certoriori in his
previous Judgment and showed that ~.
writ of habcas corpus nevertheless re-
manned in force, even without the extra
d!tion commissioner having pronounced
upon the case, for the prisoner had al
ways 4 right to question the Justice Of
his being deprived of his liberty Ameri-
can courts had taken a similar view in
the case of a forger who was n fugitive
from Quebec Province. His Honor ex-
pressed the opinion that Judge Andrews.
Judgment quashing his own writ OF ha-
heas corpus did not decide the merits Of
the case. and Notwithstanding the pre-
tensions of lawyers for the prosecution
w VIC tpi.tI eiA MS Will AZ llp way toll-
fcted with Judge Andrews judgment
Tor prisoner may always renew his APP
picatfon. providing that some new facts
are stated. as had been done in the pres
cnt case. One of these referred to the
absence in the warrants of the dates at
which the orfense was alleged to have
been committed, and the other an obiec-
ton Of the validity of the charge Of con-
spiracy to defraud under the extradition
treaty.
CASES UNLIKE
To make the warrant valid The date Of
Co. offense. II committed. must be in
ec-tet in it. tN prove the commissioners
Jurisdiction Moreover. the exact crime
with which the prisoners are charged and
tho proceedings to be taken against them
they- have right to know.
In the Emo case the offense with which
thc prisoner was charged in the extradi-
ticn proceedings and that made elsewhere
did not agree. In the present case there
ess a distinct discrepancy between the
charges upon which the various true bills
against the prisoners were obtained in
thc United States and between them and
that made IN the application for eNtradi-
tion This. we'll the absence of
dates IN the warrant. he held to be dis
tinctly fatal TO the latter and he there
furo upheld the prisoners claims and their
objections to the warrants, maintained