The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1902-08-20
RGH ReUEs S EAsED.
Gayn0r ard Greene, The eonspira-
tors Who Defrauded The Gov
ernnlenf, Safe in Canada.

0Uebec Aug. l3.-Coi. y Ohn II.
Gaynorand Capt. Ben niamin ID. Greene
scored q decisive victory today n their
SSg,ht against extradii ton to the United
Z States, shere they are wanted In con-
neetion with alleged frauds in harhor
work for the federal government IN
Folging millions of dollars.
Judge Caron, n the supreme court.
disehaEged the prisone IS from the ems
todyof Sherifs Langlier of Quebec,
and Valee OF Montreal In whose Off
eial care they have been since their
sensational arressin Quebec last May.
A large number Of the prisoners
friends were in the court room and
they heartily congratulated the two
men upon their release. Col. Gaynor
and Capt. Greene left e5hescourt room
soon after Judge Caron had concluded
and proceeded to She Chateau Fronte-
nae. Col Gaynor, who is suffering
from rheumatism, retired to his room.
sIs IS understood that the United
States government Will institute new
proceedings for e1sraditioR, b1t up to
q late hour no step had been taken by
counsel representing the Washington
authorities
Judge Caron, who spoke IN French,
occupied about two hours IN deliver
! ing his Judgment. In reviewing the
LEGAL proceedings since the arrest of
the two prisoners, he pointed out that
their counsel had raised an important
qnession to the effect shatthe warrants
issned By Magistrate LaFontaine was
illegal on The ground that it did not
contain The date nor the Ysar in which
the alleged oGenss had been commit
ted He coRld not presume when the
oGenss was committed, and ii may:
have been previous TO. sshe signing ct
the treaty between the United States
and Great Britain and if SO, the ac-
cGssd could not be held, as the treaties
had no retroactive effect. 57as
According to q deposition made in
Montreal By Mr.. Erwin, counsel for
the United States, II May last con-
: timed Judge Caron, the asscused we're
charged with fraud committed on or
abont May L 1897 That crime was not
included in. the treaties and that OF
receiging money under false pretenses
was only included ID the treaty of
1900. This was fatal to the proseeu-
ton, and the warrant issued by Judge
LaFontaiae was defective, as the
ofense included therein did not fall
under the extradition treaty; conse-
quenGly the arrest was Illegal and the
accused must be set st liberty.
After citing authorities in nsupport OF
his decision Judge Caron concluded.
Considering that the warrant in
Yirtue of which the petitioners are
detained contains no data Of the COM
missionsos She oGense whereof the petit
TONERS are accused I; considering that
In virtue of the treaties Of extradition
y existing between Great Britain and the
United States, it is positively provided
that these sressies shall have no retro
actiys effect for ehenses committed
before their passage; considering that
the allegation OF the data or the COM
mission Of the oEense is In conse-
auence essential TO give jurisdiction
Of the commission to issue warrant
Of arrest considering Sursher that it
IS not alleged IN the warrant that the
oGense for which sale warrant has
been issued Is one of criminal partic-
ipation, punishable by the laws Of
: aD0E0 SOUE6rIcSsg gWA4Cl 10 q SO1Ate4O3
required by the last paragraph OF the
Grst article Of the treaty Of 1890; con-
sideriug that the information, indict-
ments and true bills and all documents
procured for the. issue OF the warrant
show that the ofenses Of which the
petitioners are charged and for which
they would have to stand their trials
in the United States, should extradi-
sion be granted, are not within the
terms OF the treaties of extradition
between Great Britain and the United
States and disclose no ofense commit
ted BY the prisoners for which they
could be extradited under the said
treaties; considering In consequence
that the warrant Of arrest issued by
the. said Ulrie LaFontaie 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, interyen-
ing parties TO quash said writs Of
habeas corpus addressed by me Oh June
2lst last to the said C. A. Valee, and
doth declare the arrest and detention
of the said petitioners Illegal and doth
annul and set aside the said warrant
Of arrest.