New-York tribune., 1902-08-14
GAYN0RAND GREENEWIN
PELEASE FRON CUSTODY IN
QUEBEC.
WARRANT OF ARREST DECLARED lille
GAI-NEW EXTRACTION PRO
CEEDINGS LIKELY.

Quebec. Aug 13.-Colonel John F. Gaynor and
-sn-ain Benjamin u Greene won decisive VIC
-, to-day n their fight against extradition to
.be United States. where they are wanted IN
connection with alleged frauds in harbor work
.o- the federal government at Savannah Ga,
involying millions Of dollars Judge Caron, in
.bo s7,nerior Court. discharged the prisoners
IRON, the custody Of Sheriff Langelier, Of Que
hec and valee. Of Montreal, in whose custody
-bev have been since their sensational arrest
:, ouerec last May. 4 large number of the
-isoners' friends were in the court room and
.be,- heartily congratulated the two men on
hi- release. Colonel Gaynor and Captain
creme left The court room soon after Judge
raron had concluded and proceeded to the
,-.o+ear Frontenac. Colonel Ciaynor. who is
suffering from rheumatism. retired TO his room.
:. &c understood that the United States Gov
eminent VIII institute new proceedings for the
ex+radition Of Gaynor and Greene, but up 10 a
late hour no step had been taken by counsel
re,resen+ing the Washington authorities.
JUDGE CARON's DECISION.
1u5ee Caron. who spoke in French, occupied
bo,,t Two hours in delivering his opinion In
reviewing the legal proceedings since the arrest
n the two prisoners. Judge Caron pointed out
thai their counsel had raised an important ques-
,ion ro the effect that the warrant issued by
.bat II did not contain the date nor the year in
tscb the alleged offence had been committed
He could not presume when the offence was
committed and il may have been before the
siening Of the treaty between the United States
and Great Britain and if so the accused men
could not be held, the treaty had no retro
active effect
.ccording to a deposition made in Montreal
bv Mr. Erwin. counsel for the United States. in
he pd
men were charged with fraud committed on
ar about January l. 1897 That crime was not
included in the treaties. and that of receiving
money under false pretences was only included
in the treaty of 1900. This was fatal % the
prosecution. and the warrant issued by Judge
Lafoutaine was defective. as the offence named
therein did not fall under the extradition treaty
consequently, the arrest was Illegal and the
men must be set at liberty.
DEFECTS IN WARRANT OF ARREST
After citing authorities in support Of his de-
cision Judge Caron concluded. as follows:
Considering that the warrant in virtue OF
which the petitioners are detained contains no
date of the commission of the offence whereof
the petitioners are accused; considering that in
Urine of the treaties of extradition existing
between Great Britain and the Unlteu SIateS
il is positively provided that these treaties shaI
have no retroactive effect for ofences COM
,,,ittAd before their passage: considering that
The allegation of the date of the commission OF
the offence is in consequence essential 10 give
Jurisdiction of the Commissioner TO issue &
warrant OF arrest; considering, furthermore
that 1t is not alleged in the warrant that Inc
offence for which said warrant has been issued
is one Of criminal participation, punlshaDie py
the laws Of both countries, which IS a conQl-
lion required by the last paragraph OF the
first article Of the treaty of 1880; considering
that the information, indictments ana true nllls
and all documents produced for the issue OF
he warrant show that the offences with which
the petitioners are charged, and for which they
would have tc stand their trials in the United
states should extradition be granted, are not
within the terms of the treaties OF eAtradlton
between Great Britain and the United states
and disclose no offence committed by the prls-
oners for which they could be extracited unoer
the said treaties: considering, in consequence
T-lric Lafontaine in his above stated capacity
is null and Illegal. and could not warrant the
arrest Of the petitioner, the court REJECTS the
said motion Of the United States intervening
1arfv to duash the said writs OF habeas corpus
addressed TO me June 21 last to the SAID
9 TaIee doth declare the arrest and de
tention Of the said petitioners Illegal, ana ooIh
snnul and set aside the said warrant OF arrest
II is ordered that petitioners be liberated ana
discharged from the custody Of c A Nalee
taller Of Montreal. and of Charles Langelfer
Sheriff OF Quebec. who has present custody OF
them and this order will be the warrant OF the
said c A Telee and OF Charles Langelier, Tor
the complete and immediate release Of the pris-