New-York tribune., 1902-07-10
MIR. HAY WILL TAKE 1T UP.
GAYNOR-GREENE CASE To RE LAID
BEFORE THE BRITISH GOVERNMENT.
COURSE OF CANADIAN AUTHORITIES RE-
GARDED AS EXTRAORDINARY AND
UNWARRANTED-HIGH OFFICIALS
FUGITIvEs' COUNSEL.

rOGlIIEES' COUNSEL.
Washington, July 9.-The extradition case OF
John f. Gaynor and Benjamin D. Greene whose
removal from Canada TO Georgia for trial on
oharses OF misappropriation and embezzlement
"A over H%"""O in connection with river and
harbor improvement at Savannah has been
sought for some time by the United States will
take on diplomatic phase in a few days when
secretary Hay communicates to the British
government the view of the officials of the De-
partment of Justice that the Canadian authori-
Ties are pursuing extraordinary and unwar-
lanted course in the case. The delays and en-
suited in Marion Erwin, special assistant to the
Attorney General who has been in active charge
Oh the eXtradition proceedings for the United
STATES transmitting to the Attorney General.
under date of Montreal. July Z, n special report
on the case, in which he calls attention to the
fact that the legal representatives of Gaynor
ana Greene are closely connected through pro-
fessional and family ties with the Canadian
officials To whom this government must look
for extradition of the men whose custody 1t
seeks.
MT Erwin, in his report says that before in
stituting the extradition proceedings he received
notice that the fugitives had taken refuge at
quebec for the purpose of resisting extradition,
and That they had employed their counsel
The firms of lawyers to which belonged the
highest officials of the Provincial and Dominion
governments" He says that he was thus pre-
oluded by the position taken by them from con-
ferring with the law officers of the Crown"
He therefore retained two attorneys of the Mon
treal and Canadian bar. who have ably assisted
him. The report then calls attention to this pro-
vision of the Canadian extradition act:
Whenever this act applies a judge may issue his
% warrant for the apprehension of fugitive a
complaint laid before him and on such eyidence or or
a1ter such proceedings in his opinion would.
Of his warrant if the crime Of which the fugitive
Is accused or alleged to have been convicted had
been committed in Canada.
THEIR OFFENCE EXTRADITABIE
Citation is made of the extradition treaty be-
tween the United States and Great Britain. and
it is shown that it provides for extraditon for
the offences of embezzlement, fraud receiving
stolen moneys or goods or property or obtain
ing the same under false pretences. or for TAX
ing part in these crimes provided such partici-
patton is punishable by the laws OF both coun-
tries Attention is then called to the fact that
Mr.. Erwin made complaint oath on May IL
l9l2. before the Hon. Ulrich La Fontaine one
of the Extradition Commissioners for the Prov
ince of Quebec resident at Montreal, who has
jurisdiction over the whole province of Quebec
charging Gaynor and Greene with having taken
part in the crimes Of fraud, embezzlernent and
obtaining money under false pretences the COM
plant setting out these matters in detail and
asserting that such participation was punish
able by the laws of both countries The re-
port then directs attention 10 the entire regu-
larity of the service of the writs the arrest OF
Gaynor and Greene and their remand for fur
ther examination. After this Judge Andrews at
Quebec, issued writs of habeas corpus which
were served al night on the jailer at Montreal
who held the men under the Extradition Com
missioner's order for further proceedings
OFFICIAL PRESSURE ALLEGED.
On what followed the report says:
Without notice TO the Commissioner or to the at
torGeys representing the United States in the pro-
pointment under the provincial authorities. within
conveyed the prisoners by special train back TO
In view of the fact that there were other Judges
at Montreal exercising habeas corpus powers. and
the District of quebec no authority to bring
prisoner from Montreal on habeas corpus inquiry,
It is not believed that the jaier at Montreal would
have adopted so extraordinary a course without
ocsl The attorneys at haI tme a
pearing in the proceedings for the fusitives and
The tirm of Fitzpatriek. OK Parent Taschereau Roy
patrck Minister G Of justice for the Domnon Of
Canada, is member;
lister Tor the PrSyInee Of Quebec, is member;
torney General for the Province of Quebec. is a
member.
Hon. Mr.. Archambaut, Attorney General for the
Also Mr.. Chauveau. son of the Extradition Com
missioner at Quebec.
The report next reviews the motion Of counsel
for the United States to quash the wrts of
ha beas corpus and remand the prisoners in
order that the extradition hearing might pro-
ceed. and the fact that the evening before JUS
tice Andrews to render his opinion the
prisoners attempted to drop that proceeding on
hat nd their
counsel, Messrs Fitzpatrick, Parent. Roy and
Cannon" have other writs of haheas corpus
issued TO come before Justice Caron. a judge
with concurrent jurisdiction with Justice An
drews. on the ground that their custody b. the
sheriff at Quebec illegal
Attention is then directed to the fact that |
Justice Andrews, in denying the prisoners
claim that the first wrts of habeas corpus were |
Illegal, said 1t not for the persons who
induced him to issue the writs of ha beas cor
pus to claim they were illegal and avail them
selves OF such means Of escape. The report |
reXt says that notwithstanding this end the |
fact that under Canadian law a second writ |
of habeas corpus cannot issue except on new |
facts the prisoners counsel petitions alleg-
ing only the same facts caused other writs to be
issued bv Justice Caron. The jaer In making |
pis return to these wrts, refused "on request Of
counsel of the United States to attach copies |
or set out in his return, the substance # the |
documents under which he held the prisoners" |
The report ADDS;
II the gaoler had been acting under the advice of
officers Of the FoW or te ngves se E Is
.bst in n country which shares with the high |
standfbfg stan berage Gi jaiier could have wfuy with
hed The documents OF his authority to the preju-
dice of party 10 the litigation.
pECI7IJAR LEGAL PROCEEDINGS.
b,yr