The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1902-08-19
WARRANTS MINUS DATES
uowaster Asked if he Will Move
Further For Extradition.
II Will TALK With IRWIN AND STEWART
H.. Released Prisoners Receive The Ccngratu'a.
tors Of Their Friends. Caron Wastes
Much Wind in Explaining
His Decision.
the Associated PreSs.)

.R- the Associated Press.)
o..-.. Aug. l3.-Colonel John f. Gay
ami Captain Benjamin D. Greene
,~.s a. decisive victory today in their
a~p. against eXtradition to the United
s.-.- where they are wanted in con-
n..-.on with alleged frauds in harbor
,ors for the Federal Government, in
,orr.nr millions of dollars.
rrfs. Caron in the Superior court, dis
charged the prisoners from custody of
re .h.cius. Langelier, of Quebec, and
vaIae. of Montreal, in whose official care
.bav have been since their sensational
arrest iu Quebec last May. A large
rnrhar of the prisoners friends were
IN the court room and they heartily con-
graduated the two men upon their re-
trase. Colonel GaynOr and Captain
Greene left the court room soon after
m1ga Car0n had concluded and proceed
"a to the Chateau Frontenac. Colonel
Cavnor. who is suffering from rheuma-
,-m. retired to his room.
i is understood that the United States
Government viii institute new proceed
-nas for cXtTaditiOn, but up to q late
hour no step had been taken by counsel
rerre-oa5ing the Washington authorities.
Judge Caron. who spoke in French, oc-
fgnied about two hours in delivering his
Judgment IN reviewing the legal proceed
ings since the arrest of the two pris-
oaars. he pointed out hat their counsel
had raised an important question to the
effect ,hat the warrant issued by Magis-
tare Latontaine was illegal, on the
ground that it did not contain the date
T.. the wear in which the alleged of
tsue- had been committed. He could not
presume when the offence was commit
ted. and il may have been previous to
The signing of the treaty between the
United State and Great Britain and if
SO the accused could not be held, rs the
treaties had no retroactive effect.
accoTing to q deposition made in Mon
r-al by Mr.. Erwin, counsel for the
Jrf-.l States, in May last, continued
Judge Car0u, the accused were charged
with fraud committed on or about jan
usrr /. 1897. That crime was not in
GUIDED in the treaties, and that of re-
cs.vinc money and false pretences was
Civ included in the treaty of 1900. This
vas fatal to the prosecution, and the
warrant issued by Judge Lafontaine was
detective. as the offence included there-
n d5 not fall under the extradition
uaarv. consequently the arrest was lille
sal and the accused must be set at lib
lr-v.
After citing authorities in support of
bis decision. Judge Caron concluded as
follows.
Ncnst3ering that the warrant in viz
TUE of which the petitioners are detained
contains no date of the commission of
the otfenso whereof the petitioners are
accused. considering that n virtue of
The treaties of extradition existing be-
tween Great Britain and the United
States, il is positively proved that these
treaties are such that have no retro
active effort for offences committed be-
fore the passage: considering that the
allegation of the date Of the commission
OF the ofeensc is in essen
1aI to give jurisdiction Of the commits
Sol.r to issue a warrant of arrest; con-
S.i.fn9 further that it is not alleged in
@' warrant that the Offensc for which
sah' warrant has been issued is one II
.'-ala8l participation, punishable by he
"'So on both countries, which is a condi-
o'a required by the last paragraph OF
". IEst article of the treaty Of 1886;
considering that the information, indict-
".a'S ana truo bills and all documents
l-."'or"l for the issue of the warrant
"-"" mat the offences of which the
."Ioa"rs are charged and for which
would have TO stand their trials in
a." "lt"d States, shOuld cXtradition be
...'..'. are not within the terms of the
OF oEtraditiOn between Great
.'i "9d the United States and dis
A3 offence committed by the
"."..5 for which they could he OK
--." under the said treaties; o n
III consequence that the war
~. arrest issued by the said Uric
..."...#", in his above stated capacity,
.." ami illegal and could not war
.". arrest Of the petitioner, the
'. ''."1t= the said motion Of the Uni
guess intervening party, to quash
@.'' Hrjts of habcas corpus ad-
by ODD" on June q last 10 the
a.. Naloe, doth declare the ar
jim '..' ""'"ntion of the said petitioners
"H. Goth annul and set aside the
-, Warrant OF arrest.
m 3. ordered that the petitioners be
t.s. AMI discharged from the Gus
and 49, Il. Falce, jailer, of Montreal,
fn. ."'."s Lanslicr, sheriff of Que
and ' "'E" present custody of them,
f. ORDER will be the warrant of
Ia,o.,. ~ Ealec and of Hon. Charles
gfa.. LOT the complete and imme-
u'@so of the prisoners"
Com. -'oMaster and D]andrurand,
aa. ." 'a" United States government,
Gar. ''.'NaIse. counsel for Messrs.
tf t Fi'"nc, returned to Montreal