The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-08-14
WARRANTS MINUS DATES
McMaster Asked if He Will Move
Further For Extradition.
HE WILL TALK WITH IRWIN AND STEWART r
The Released Prisoners Receive the CcngratuIa-
lions Of Their Friends. Caron Wastes
Much Wind in Explaining
His Decision.
(By the Associated Press.)


Quebec, Aug. 13.-Colonel John f. Gay
nor and Captain Benjamin D. Greene
scored decisive victory today in their
fight against extradition to the United
States, where they are wanted in con-
nection with alleged frauds in harbor
work for the Federal Government, in
volving millions of dollars.
Judge Caron in the Superior court, dis
charged the prisoners from custody of
the sheriffs, Langelier, of Quebec, and
Valee, of Montreal, in whose official 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 con-
graduated the two men upon their re-
lease. Colonel Gaynor and Captain
Greene left the court room soon after
Judge Caron had concluded and proceed
ed to the Chateau Frontenac. Colonel
Gaynor, who is suffering from rheuma-
tism, retired to his room.
1t is understood that the United States
Government will institute new proceed
ings for extradition, but up to a late
hour no step had been taken by counsel
representing the Washington authorities.
Judge Caron who spoke in French, oc-
cupied about two hours in delivering his
Judgment. In reviewing the legal proceed
ings since the arrest of the two pris-
oners, he pointed out that their counsel
had raised an important question to the
effect that the warrant issued by Magis-
trate Lafontaine was illegal on the
ground that it did not contain the date
fbn IN 1i1h H. oho
fence had been committed. He could not
presume when the offence was commit
ted, and it may have been previous to
the signing of the. treaty between the
United State and Great Britain and if
so the accused could not be held, as the
treaties had no retroactive effect.
Accoring to deposition made in Mon
treal by Mr.. Erwin, counsel for the
United States, in May last, continued
Judge Caron, the accused were charged
with fraud committed on or about jan
uary /, 1897 That crime was not in
Guided in the treaties, and that of re-
ceiving money and false pretences was
only included in the treaty of 1900. This
was fatal to the prosecution, and the
warrant issued by Judge Lafontaine was
defective, as the offence included there
in did not fall under the eXtradition
treaty; consequently the arrest was lille
gal and the accused must be set at lib
erty.
After citing authorities in support OF
his decision, Judge Caron concluded as
follows:
considering that the warrant in vir-
tue of which the petitioners are detained
contains no date of the commission of
the offense whereof the petitioners are
accused; considering that IN virtue of
the treaties of cxtradition existing be-
tween Great Britain and the United
States. it is positively proved that these
treaties are such that have no retro
active effort for offences committed be-
fore the passage; considering that the
allegation of the date of the commission
of the offense is in consequence essen
tial to give jurisdiction of the commits
sioner to issue warrant of arrest; cCn-
sidering further that it is not alleged in
the warrant that the offense for whicn
said warrant has been issued is one III
criminal participation, punishable by the
laws of both countries which is a condi-
tion required by the last paragraph Of
the first article of the treaty of 1896;
considering that the information. indict-
ments and true bills and all documents
produced for the issue of the warrant
show that the offences of which the
petitioners are charged and for 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 eXtradition between Great
Britain and the United States and dis
close no offence committed by the
prisoners for which they could be ex-
tradited under the said treaties con-
sidering in consequence that the war
rant of arrest issued by the said Ulric
Lafontaine, in his above stated capacity
is null and illegal and could not war
rant the arrest of the petitioner, the
court rejects the said motion of the Uni
ted States, intervening party, to quash
the said wrts of habeas corpus ad-
dressed to me on June II last to the
said - A. Valee, doth declare the ar
rest and detention of the said petitioners
illegal and doth annul and set aside the
said warrant of arrest.
1T is ordered that the petitioners be
liberated and discharged from the GUS
tody of G.. A. Valee, jailer, of Montreal,
and of Charles Langlier, sheriff of Que
bee. who have present custody of them,
and this order will be the warrant of
the said c. A. Valee and of Hon. Charles