The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-08-14
Langelier for the complete and imme-
diate release of the prisoners
The First Report.
(By the Associated Prass.)

Quebec, Aug 13.-Judge Caron, of the
Superior Court, today released Captain
Greene and Colonel Gaynor. the Ameri-
can contractors who are wanted in the
United States for ALLEGED frauds against
the Federal Government involving hun
dreds of thousands of dollars.
Judge Caron based his decision upon the
absence of dates on the warrants under
which the prisoners were first arrested
in Quebec; discrepancies in the charges
on which true bills were obtained
against the prisoners in the United
States, and discrepancies between those
charges and the charges made in the
application for extradition.
The prisoners were at once released
and received the congratulations of their
friends and the court adjourned
Mr.. McMaster, counsel for the United
States Government, was asked whether
the prosecution intended to take any
further action looking to the extradition
of Colonel Gaynor and Captain Greene.
Mr.. McMaster replied that he was I'M
able to speak positively on the subject
until after a conference with Messrs.
Erwin and Stewart.
There was large attendance of both
legal lumfnaries and spectators. Mrs.
Gaynor. accompanied by a number Of
ladies, was present during the delivery
of the JUDGMENT. Gaynor and Greene
came into court with Sheriff Langelier.
Judge Caron ascended the bench at
10:30 and began the reading of the very
lengthy notes preceding his judgment.
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 re-
view his last two writs. He then read
the petitions of the prisoners for writs
of habeas corpus upon which the writ
was issued, in virtue of which the
prisoners were taken out of the handc
of Jailer Valee, OF Montreal, as well as
the answer thereto and the writ itself.
The events Immediately preceding the
writs he also reviewed and went o< to
concur in Judge Andrews opinion with
regard to the sensational manner in
which the prisoners arrest was made
here.
With reference to the attacks made
upon himself, he was sure that the
American Government authorities and
their agents could have had no hand in
them. The notice of the American Gov
ernment's lawyers to Jailer Valee to at
tend to delivery of Judge Andrews
judgmentwas then quoted and Valee's
compliance therein noted. That judg
ment ipso facto dispossessed Judge An
drews of the prisoners and under the
circumstances he (Judge Caron) was
quite justified in his subsequent issue
of writs of habeas corpus addressed to
Jailer Valee after he had taken possess
sion of the prisoners following Judge
Andrews pronouncement.
Judge Caron next quoted authority for
his issue of a writ of certiorari in his
previous judgment and showed that the
writ of habeas corpus nevertheless re-
manned in force even without the eN-
tradition commissioner having pro-
nounced upon the case, for the prisoner
has always a right to question the jus
tice of his being deprived Of his liberty.
American courts had taken a similar
view in the case of forger who was a
fugitive from Quebec province
In the Emo case the offenso with which
the prisoner was charged in the extra
dition proceedings and that made else
where did not agree. In the present case
there was a distinct discrepancy be-
tween the charges upon which the vari-
Gus true bills against the prisoners
were obtained in the United States and
between them and that made in the ap-
plication for extradition. This, as we'll
as the absence of dates in the warrant,
he held to be distinctly fatal to the latter
and he therefore upheld the prisoners
claims and their objections to the war
rants, maintained the writ of habeas
corpus and ordered the release of the
prisoners.