The Savannah morning news., 1902-08-14
FREED BY CARON
QUEBEC JUDGE GAVE GREENE AND
GAYNOR LIBERTY.
HABEAS CORPUS SUSTAINED.
ARREST DECLARED ILLEGAL ON
MANY GROUNDS.

Judge CarOn Awarded Savannah
HnrbOr Swindlers Their Perfect
Liberty - Arrest on Extradition
Warrant Condemned-Caron Alb
solved United States From RespOn-
sfbfIity for Attacks ON Himself.
Notorious Emo Case Quoted With
Approval Government, Through
Give Up the Fight.
Quebec, Aug. 13.--Col. John F. Gay
nor and Capt. Benjamin D. Greene
scored a decisive victory to-day in
their fight against extradition to the
United States, where they are wanted
in connection with alleged frauds in
har5or work for the federal govern
ment involving millions of dollars.
Judge Caron, in the Superior Court,
discharged the prisoners from the Gus
tody of Sheriffs Langelier of Quebec
and Valee of Montreal, in whose off,
cial care they have been since their
sensational arrest in Quebec last May
A large number of the prisoners
friends were in the court room and
they heartily congratulated the two
men uptn their release. Col. Gaynor
and Capt Greene left the court room
soon after Judge Caron had concluded
and proceeded to the Chateau Fronte-
nae. Col. Gaynor, who is suffering
from rheumatism, retired to his room.
1t is understood that the United
States government will institute new
proceedings for extradition. but up to
a late hour no, step had been taken
by counsel representing the Washing
ton authorities.
Judge Spoke in French.
Judge Caron, who spoke in French,
occupied about two hours in delivering
his judgment. In reviewing the legal
proceedings since the arrest of the two
prisoners, he pointed out that their
counsel had raised an important ques-
ton to the effect that the warrant is
sued by Magistrate Lafontaine was
illegal, on the ground that it did not
contain the date nor the year in which
the alleged offense had been commit
ted. He could not presume when the
( 'offense was committed, and it may
have been previous to the signing of
the treaty between the United States
and Great Britain, and is so, the ac-
cused could not be held, as treaties
had no retroactive effect.
Treaties Don't Cover Ofense.
According to deposition made in
Montreal by Mr.. Erwin, counsel for
the United States, in May last, con-
tinued Judge Caron, the accused were
charged with fraud committed on or
about Jan. 1, 1897. That crime was not
included in the treaties, and that of
receiving money under false pretenses
was only included in the treaty of 1900
This was fatal to the prosecution, and
the warrant issued by Judge Lafon-
tame was defective, as the offense in
cluded therein did not fall under the
extradition treaty; consequently the
arrest was illegal and the accused
must be set at liberty.
After citing authorities in support
of his decision Judge Caron concluded
as follows:
Quashed on Many Grounds.
considering that the warrant in
virtue of which the petitioners are de-
tanned contains no date of the COM
mission of the offense where
of the petitioners are accused;
considering that in virtue of treaties
of extradition existing between Great
Britain and the United States, it is
positively provided that these treaties
shall have no retroactive effect for Of
lenses committed before their passage
considering that the allegation of the
date of the commission of the offense
is in consequence essential to give ju-
risdiction of the commissioner to issue
warrant of arrest; considering fur
Their that 1t is not alleged in the war
rant that the offense for which said
warrant has been issued is one of GRIM
mai participation, punishable by the
laws of both countries, which is con-
dition required by the last paragraph
OF the first article of the treaty of 1880;
considering that the information, in
dictments and true bills and all docu-
NAIo pIOuuCeu LOT Lne issue Cl the
warrant show that the offenses of
which the petitioners are charged and
Tor which they would have to stand
Their trials in the United States, should
extradition be granted, are not within
the terms of the treaties of extradi-
ton between Great Britain and the
United States and disclose no offense
committed by the prisoners for which
they could be extradited under the said
treaties; considering in consequence
mat the warrant of arrest issued by
Inc said Uric Lafontaine in his above
stated capacity is null and IL
regal and could not warrant
0he arrest of the petitioners, the court
REJECTS the said motion of the United
states intervening party. to quash the
said writs of habeas corpus addressed
W me on June 81. last, to the said C.
Nalee, doth declare the arrest and
Neeention Of the said petitioners illegal
ana doth annul and set aside the said
warrant of arrest.
Prisoners Ordered Released.
II is ordered that the petitioners be
liberated and discharged from the Gus
soay Of c. A. Valee. TALLER of Mon
asai' and Of Charles Langelier, sheriff
quebec. who have present custody
men, and this order viii be the war
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