The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-08-14
FUGITIVES
ATLIBERTY
Greene and GaynOr Case
is Decided.
HABEAS CORPUS UPHELD
Warrants for Detention De-
clared to Be Faulty.
Discrepancy in Charges of Bills
Taken Out in the United States
and Canada-Judge Caron
Renders Decision.

Quebec, Aug 13.-Judge Caron today or
dered the release from custody of Col.
John F. Gaynor and Capt. B. D. Greene,
in the now famous extradition case.
There was a large attendance of both
legal luminaries and spectators. Mr..
Gaynor, accompanied by a numoer Oh ID
dies, was present during the delivery OF
the Judgment Gaynor and Greene came
into court with Sheriff Langlier.
Judge ceron assembled the bench at 1890
o'clock and began the reading OF the
very lengthy notes preceding his Judg-
ment. The Judge referred to the case as
of great Importance if only by reason
of the unusual proceedings employed and
went on to say that he would only review
his last two writs.
Reads the Petitions.
He then read the petitions of the pris-
oners for writs of habeas corpus upon
which the writ was issued in virtue by
which the prisoners were taken out OF the
hands of Jailer Valee Of Montreal, as
well as the answer thereto and the WITT
itself The events Immediately preceding
the issue of writs he also reviewed and
went on to concur in Judge AndreWss
opinion with regard to the sensational
manner in which the prisoners arrest was
made. With regard to the attacks mace
upon himself he was sure that the Ameri-
can government authorities and their
agents could have had no hand in them.
The notice to the American government
lawyers to Tailor Valee to attend to de-
livery of Judge Andrews judgment was
then quoted and Valees compliance there
in noted. The judgment ipso facto dis
possessed Judge Andrews of the prison.
ers and under the circumstances ne
Judge Caren was quite satisfied IN his
subsequent issue of writs of habeas cor
pus addressed to Tailor valee after he
had taken possession of the prisoners fol-
lowing Judge Andrews's announcement.
Gives His Authority.
Judge Caron next quoted authority for
his issue of a writ of certiorari in his pre-
yious Judgment and showed that the writ
of habeas corpus, nevertheless, remained
in force even without the extradition
commissioner having pronounced upon
the case, for the prisoner has always the
right to question the justice of being de-
prived of his liberty. Tho American court
had taken a similar view of forger
who was a fugitive from Quebec province.
His Honor pressed the opinion that
Judge Andrews's opinion quashing his
own writ of habeas corpus did not decide
the merits of the case and notwithstand-
ing the pretensions of the lawyers for the
prosecution to the contrary. his writ in
no way conflicted with Judge Andrews
judgment for a prisoner may always re-
new his application providing that some
new facts are stated, as had been done in
the present case. One of these referred
to the absence in the warrants of dates
at which the offense was alleged to have
been committed and the other question
as to the validity of the charge of con-
spiracy TO defend. Under the extradition
treaty, to make the warrant valid the date
of the offense If committed but be in
serted in it, to prove the commissioner 5
jurisdiction.
Moreover, the exact crime with which
the prisoners are charged and the pro-
ceedings to be taken against them, they
have a right to know.
Gases Don't Agree.
In the Emo case the offense with which
the prisoner was charged in the extradi-
ton proceedings and that made elsewhere
did not agree. In the present case there
was a distinct discrepancy between the
charges upon which the various bills
against the prisoners were obtained in the
United States and between them and
made in the application for extradition.
This, as well as the absence Of dates in
the warrants. he held to be distinctly ia
tai to the latter and he therefore upheld
the prisoners claims and their objections
to the warrants, maintained the writ of
habeas corpus and ordered the release of
the prisoners.
Messrs. McMastcr and Bondurant cou l..
sci for the United States government. and
Mr.. Gervalse counsel for Messrs. Cay
nor and Greene returned to Montreal to-
night. According to the judgment, the ac-
cused are perfectly free to travel in any
part of the British empire.
Came as Surprise.
The action of Judge Caron in discharg-
ing the prisoners from custody and the
grounds stated for his conclusion in the
judgment rendered came as a surprise to
the counsel for the United States. They
say there were but two motions pending
before the Judge. First, the motion of the
United States to quash the writ of ha-
beas corpus and to remand the prisoners
to the custody of the jailer of Montreal.
Second, the motion of the prisoners
counsel to have the extradition hearing
proceed on its merits before Justice Ca
ron.
The first of the motions alone was ar
gued with the understanding that counsel
were to have the opportunity of beine
heard on any other question when that
was determined. The point made in tbt
opinion that the warrant of request or de.
mand aid not set out the date when tbe
offense was committed, they saw was in,
material. The Judge had before him m.
complaint. which charges specifically the
date of the offense The warrant and re-
mand were in the exact form prescribe
for use in the criminal code and werf
held sufficient by Justice Andrews tn.
point made in the opinion that the war
rant does not set out that the acts charg,
I'D constitute a crime under tho
both countries they say is without force
as it is specially set out in the complain,
that the acts charged were contrary t.
the laws of the United States and as hello
repeatedly in the Canadian decisions, the
courts here will take judicial notice tina
the acts charged constitute a breach Of
the Canada statutes. if committed in Can.
ada. The point made in the opinion thai