The Montgomery advertiser., 1902-07-19
TWO STORIES
 ARE RELATED Greene'S and ErWin'S
 AffidavitS Differ. OFFER OF COMPROMISE
Attorney Declares He Did Not
 Advance It.
Greene swears That the Representa- tive of the United States Was Willing to Stop the Extradi-
 tion Proceedings.

 cipally in the filing of affidavits and con- tra-aftidavits and it was only short time before the adjournment of the court that MT. McMaster for the prosecution commenced his argument on his motion to quash the habeas corpus writs issued by Judge Caron on June 2oth'and 21st last.
 The proceedings were opened by MT. Taschereau, counsel for the prisoners. who produced afidavits of Benjamin Greene to the effect that on May 17th, MT. Err win called on him at the Windsor Hotel, Montreal. when Erwin said to Greene:
 If you will pay s5OO.COo to settle the whole matter, will go at once to Wash ington and advise it's acceptance"
 Greene replied that he could not stand that because he had not the money with which to pay his half of the amount, but that Erwin said:
 "Gaynor has enough, I don't know where it is, but he has it."
 To this Greene said:
 If you will say s2Oo, 900. will talk with Colonel Gaynor about 1t.
 Erwin replied the affidavit continued:
 That will not be enough"
 Greene then added:
 What do you think of $500. .000?"
 He said:
 "I don't think that is enough. but you don't want to go through the rest of your life hunted wherever you go, and you must remember that if you are extradited and are in Georgia. 1t will be too late to make a settlement"
 Greene finally replied:
 well, anyway, don't see how we can pay any money, because that would be an admission on our part that we have received money wrongfully-that we have not done"
 Greene svore that this talk of a settle ment of sSO0,000 referred to the criminal proceedlngs against them and not to any civil claim. This affidavlt was supported by. another from Mr. J. F. Gaynor.
 Erwin Denies Charges.
 Mir. McMaster read an affidavit signed by Marion EI win. completely denying the allegations contained in the afidavits of Mir Greene and Mir. Gaynor.
 Regarding the interview between Greene and himself, Mir. Erwin stated that on his return to his room on the af- ternoon of May 17 he found note there in which he recognized the handwriting of B. D. Greene which note was as fol- lows:
 ''If you can call me at any time today you will do me a great favor"
 The original of this note is in the pos session of Mir Erwin and was shown to Judge Caron.
 Tn response to that request he went to Greene's room and the latter opened the conversation by saying that while he knew that Erwin had been prosecuting him vigorously for over two years. he wanted to thank him for having always treated him with personal consideration. He then said. if the extradition proceed ings at Montreal proceeded for any length of time he might desire to give bond.
 Conversation with Greene.
 MT Erwins affldawt continued in sub stance: "I called his attention to the fact that he and Gaynor had already for feited bonds in the sum of $40000 each. He replied that he had left the United States because he had resolved never to be put in jail as a convict, that he had come to Canada with the expectation that after a year or two his friends in the United States could effect a settle ment of the civil claims of the govern ment against him and then he could probably obtain dismissal of the crimi- nal proceedings He said he had not given his personal word that he would not run of from the prosecution In Georgia but he would pledge his word or honor, that if would agree to his giv- ing bonds before Judge LaFontaine he would not run of. He then referred to the fact that the government had already tied up by civil proceedings half million dollars of assets, of which all the government claiced was o. H. Carters' s l., be nd a4kad what was the exact amount the government claimed that he and John r. Gaynor had received as their share. l replied that we claimed that he and Gaynor had received Sl, 100 O0J as their shares in the fraud. He replied that he was in no position and had not sufficient means to meet such claim. but that he and Gaynor would be willing to pay the government $3Oo.OOO in settlement of the entire litigation. to in- clude the $50 600 claimed on forfeited recog- nizance which he said were secured by assets put up by Gaynor and himself with the sureties but that if he settled the civil claims 1t must carry with it the dismissal of the criminal proceedings.
 Could Not Agree.
 I replied that 1 knew no law for set ting the criminal case. but If he made restitution of the governments actual loss dld not knOW WHdI NleW Ol leilleHCy might be taken by the government; that had no authority in the matter and that the amount he offered in settlement of the government's claim was not sufficient iy large for me to recommend to the attorney general"
 The other afidavits practically contain the same statement as that mentioned last week in Mr. Erwin's reply to MT. Tascherau's statement MT, McMaster also produced ahIuavits from Detectives O'Keefe and Slcan of Montreal, who swear that when the interview took place between Gaynor and Greene only these two were on the room.
 Mir. McAIaster in conclusion remarked that these afidavits were filed to con tradict utterances made by Mir. Tasche- rau on July Il. Mir. McMaster then filed new power of attorney signed by At torney General Knox on July Il. The question of ahidavits was then dropped