The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-07-10
THEGREEN GAYNORCASE
Delays of the Canadian Authorities
UnWarranted.
MARION ERWIN MAKES HIS REPORT
The Legal Representatives cf the Fugitives
Closely Conntcled With ihe Canadian
Officials 10 whom We Must
Lock for Fxradlon.
Lock for | x'radIlion.
(By the Associated Press.1

(By. the Associated Press.)
Washington, D. c., July 9-The extra
dition case of Messrs. BENJAMIN D.
Greene and John f. Gaynor, whose re-
nloyal from Canada to the State of Geor-
gia for trial on charges of misappropria
tion and embezzlement of over two mil
lion dollars in connection with river and
harbor improvements at Savannah Ga.
has been sought for some time by tho
United States, will take on a Diplomatic
phase in few days when Secretary Hay
communicates 20 the British government
the view of the officials of our Depart.
ment of Justice that the Canadian au-
tnorities are pursuing an extraordinary
and unwarranted course in the case. The
delays and embarrassments in the extra
dition proceedings resulted in Marion Err
win, special assistant to the attorney
general, who has been in active charge
of the eXtradition proceedings for the
United States transmitting to the attor
ney general under date Of Montreal. July
Z, special report of the case calling at
tention to the fact that legal represen-
tatives of MessEs. Green and Gaynoruare
closely connected through professional
and family ties with the Canadian Off
cials to whom this government must look
for the eXtradition.
Mr.. Erwin reports that prior TO insti-
tuting the extradition proceedings he was
put on notice that the fugitives had
taken refuge at Quebec, to resist extra
dition and that they had employed as
their counsel the firms of lawyers to
which belonged the highest officials of
the provincial and dominion govern
IIents."
He says that he was thus .spreeluded
by the position taken by them from con-
ferring with the law offices of the CROWN
He therefore retained two attorneys of
the Montreal and Canadian bar who have
ably assisted him.
The report then calls attention to fhis
provision of the Canadian oxtradition
act:
''Wh arcver this act applies, a Judge
may issue his warrant for the appre-
hension of a fugitive on a foreign war
rant, for arrest, or On information or
complaint laid before him, and on such
evidence or after such proceedings. as
in his opinion would, subject to the pro-
his warrant if the crime OF which the
fugitive is accused or alleged to have
been convicted had been committed in
Canada
Citation is made of the extradition
treaty between the United States and
Great Britain and it is shown that it
Grovides for extradition for the offenses
of embezzlement, fraud, receiving stolen
or 5c n1A afr
ing the same under false pretcnces. or
for participation in these crimes provided
such participation is punishable by the
laws of both countries Mr.. Erwin made
complaint on oath May Il last before
Hon. Uric La Fontaine, an extradition
commissioner, resident at Montreal, who
is given jurisdiction over the whole
province of Quebec, charging Messrs-
Greene and Gaynor with having partici
pated in the crimes of fraud, embezzlc-
mont and obtaining money under false
pretences, the complain setting out mat
tcrs in detail and that such participation
was punishable by the laws of both
countries The report then Directs atten-
tion to the entire regularity of the ser
vice of the writs, arrests of Messrs.
Greene and Gaynor and their remand for
further examination. After this Judge
Andrews at Quebec issued writs of
habeas corpu which were served ct night
on the men at Montreal who held the men
under extradition commissioners order
for further proceedings.
without notice to the commissioners
or to the attorneys representing the
State in the proceedings the Montreal
gaoler, who holds his appointment under
the provincial authorities, within few
minutes after service of the writs upon
him, conveyed the prisoners by special
train back to Quebec. And there were
other judges at Montreal exercising
habeas corpur nowers and in such cases
the Canadian laws gives a judge in the
district of Quebec no authority to bring
a prisoner from Montreal on habeas cor
pus inquiry it is not believed that the
gaoler at Montreal would have had so
extraordinary a course without notice to
parties in interest, except under high
official pressure The attorneys at that
time appearing in the proceedings for
the fugitives, and moving to have that
done. embraced among others:i The firm
of Fitzpatrick, Parent Tashchereau, Roy
& Cannon--of which firm the Hon. Chos
Fitzpatrick, Minister of Justice for the !
Dominion of Canada. is member; Of
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