Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-07-19
GREEN'S CHARGES
That Erwin Offered to Settle
Case for $50O,O00.
Erwin Says the Offer Came from
Gaynor and Greene.
McMaster Begins Argument on Quash-
ing Habeas Corpus.

| ingS in the Gaynor-Green case con-
sisted principally in the filling of af-
| fidavits and contra affidavits, and 1t
| was only a short time before the adj
| journment of court that Mr.. Master
i commenced his arguments on his mo-
| lions to quash the habeas corpus writs
| issued by Judge Caron, June 20 and p.
When Judge Caron assembled the
bench a very large crowd, including
number of American tourists, was
present The mornings proceedings
were opened by Mr.. Taschereau, who
produced affidavits of Benz. D. Greene
to the effect that, May II, MIR. Erwin
called on him at the Windsor hotel,
Montreal, when the latter said to him
Greene: If you will pay 100000
to settle the whole matter l will go at
once to Washington and advise its ac-
ceptance."
Greene replied that he could not
stand that because he had not money
enough to pay his half of the amount,
but that Erwin said: "Gaynor has
enough. I don't know where it is but
he has it, l then said: IF you will
pay 100000, l will talk with Col.
Gaynor about it,
Erwin replied: THAT will not be
enough" 1 then added: What do
YOU think of $300,000?" He said: Il
don't think that is enough; but you
don't want to go through the rest OF
your life hunted wherever you go and
YOU must remember that if you are
extradited and are in Georgia it will be
too late to make a settlement"
Greene finally replied: well, any
way. l don't see how we can pay any
money, because that would be admis-
sion on our part that we have received
money wrongfully, and that we have
not done
Greene positively swore that this
talk of a settlement for 100000 re-
ferred to the criminal proceedings
against them and not to any civil
claims This latter affidavit was sup
ported by another from Mrs. J. =
Cayror.
Mr.. McMaster read an affidavit,
signed by Mr.. Marion Erwin, complete
" denying the allegations contained
in the affidavits of Mr.. Greene and Mrs.
Gaynor Regarding the interview be-
tween Greene and himself, Mr. ERWIN
stated that on his return to his room
IL the Windsor on the afternoon OF
May 1. he found a note there IN winch
he recognized the handwriting OF b..
D. Greene. which note was as follows:
eff YOU can call 10 see me at any time
today you will do me great favor.
In response to that request he had gone
to Greene's room and the latter opened
the conversation by saying that "nlle ne
knew that Erwin mad been prosecuting
him vigorously for over two years. he
wanted to thank him for having always
treated him with personal consideration
He then said if the eXtradition proceed
ings at Montreal proceeded for any length
of time it was probable he might desire
to give bond.
ne and Gaynor had already forfeited
bonds in the sum OF $1,000 each. He re-
piled that ne had left the United States
because he had resolved never to be put
in iail as a convict; that he had come
to Canada with the expectation that al
ter a year or two his friends in the Unit
ed States could effect settlement OF the
claims of the government against MN
and then ne could probably obtain dis
missal of the criminal prosecution.
HE said he was in no position and had
not sufficient means to meet the govern
ment claim of 81. 100000. but that he and
Gaynor would be willing to pay the gov
eminent 100000 in settlement of the en-
tire litigation to include the $4,000 claim
ed on forfeited recognizances which he
Gaynor and himself with the sureties, but
that if he settled the civil claims it must
carry with it the dismissal of the crimi-
nal proceedings.
Il replied that | knew of no law for
settling the criminal case, but if he made
restitution of the governments actual los;
!. did not know what view of leniency
might be taken by the government
Mr.. McMaster also produced affidavitS
from Detectives O'keefe and Sloan of
Montreal. who swear that when the iii
terview took place between Gaynor and
Greene only these two were in the room
Mr. McMaster, in conclusion, remarked
that these affidavits were filed to contra
dict utterances made by Mr.. Taschereau.
July II.
Mr. McMaster then filed a new power OF
attorney, signed by Attorney Gen. Knox
July II.
The question of affidavits was then
dropped and Mr. McMaster began his ar
gument upon his motion to quash the
writs of habeas corpus.