The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1902-05-20
FIRST BLOOD FOR
CAYNOR-CREEN
Taken Back TO Quebec Under
a Habeas. Corpus Writ
LEAVE TIE. MONTREAL JAIL
viii Stand triab in Quebec Today ana
Their Return Will Depend on beg
aIity of the Recent Arrest
Hard Fight.
LEAVE THE. MONTREAL JAIL

Montreal, Que, May f9--Cofonel Cay
nor and Captain Green have won the.
first skirmish in the fight against extra
dition to the United States and tonight
the two men are In the old city Of Que
bee, where they believe proceedings TO
force them to return to the United States
to answer the charge of dt6raudfng the
United States government can be sue
ceesfully fought
Tonight at 10 o'clock a special train ON
the Canadian Pacihc arrived from Que
bee with High Constable Galte, and assist
ants on board. armed with a writ OF
habeas cprpus- They got into q cab nad
drove to the Montreal jail to which IN
stitution GayDor and Green had been COM
mitted by Judge Lafoutalne during the
evening. Evidently Governor vaI1ee and
his guests awaited their coming for IN a
short time Gate reappeared accompanied
by Governor Varlee and Messrs. Gaynor
and Green. A quick drive was made to
the Play vigor station. and an hour after
the arrival of the special train. he depart
ed with the much sought fugftives from
the American courts on board
Half an hour later, tho regular train
for Quebec departed. having on board
Donald McMaster. They went to answer
the writ of habeas corpus served ON
Carpenter
Incidentally Mr.. McMaster will use all
his efforts to see that Governor Vaaie re-
turns his prisoners to the Montreal jail.
The question as to whether he shall do
so or not depends entirely upon the Ie-
gality of the arrest. The case will come
up In Quebec tomorrow.
There was a warm argument today IN
the extradition court before Judge La
fontaine when the Gaynor-Green cases
was called 1t began when counsel for
the accused complained that yesterday
! they were unable to secure access to
| their clients. who were being confined in
a private prison at the Windsor Hotel
| They therefore demanded that Gaynor
and Green be committed to the Mon
| treal jail.
| Mr.. McMaster for the United States
| government at first raised no objection
| but In a few minutes he learned that two
writs of habeas corpus had been sworn
out and one of these was addressed to
Governor Vale Once In the Montreal
jail the writ would be served on the gov
ernment and he would have no choice
but to obey the call and take Gaynor and
Green down to Quebec.
Mr. McMaster entered a vigorous pro-
test against the proceedings. Judge La
fontaine took the matter under advise
ment and this afternoon decided that as
the prisoners had really been In jail and
desired to go there he had no alternative
but to commit them. The prisoners were
committed to the care of Governor Vale
under formal remand until Friday nesat.
JUDGE OPENS COURT IN
CORRIDOR OF A HOTEL.
New York, May 19.-There has been an
exciting scene In the corridor of the
fifth floor of the Windsor Hotel. when
for the first time In Canada within the
recollection of lawyers. hotel was
turned into a court of justice on Sunday.
says a Montreal dispatch to the Herald
This event was followed by a deter
mined effort on the part of friends of
John F. Gaynor and Benjamin D. Green
to gain forcible entrance to their ooms
Ten of the stoutest officers of the Mon
treal force stood guard over the prison.
ers, and when Attorney Taschereau, the
prisoners counsel, tried to get through
their line he met anything but polite
treatment
the prisoners friends had a plan to res
cue them. 1t was necessary to get the
prisoners out of the hotel, and so Judge
Lafontane was sent for and told that
an important point was to be argued. Fol-
lowed by dozen lawyers the judge went
to the corridors and within fifty feet
of the rooms occupied by Gaynor and
Green he opened court.
Lawyers for the defenses declared they
knew Of a plot on the part of the United
States authorities to kidnsp the men at
night and hustle them out of the country
In the same way they had been brought
from Quebec to Montreal. Mr.. Tascho-
reau demanded that his clients be at once
removed to the common jail where they
could be safely locked up.
Judge Lafontaine said he would go in
and see the prisoners, but Inspector Nc
Mahon showed him back and backed up
by the other nine men shouted defiance
to judge aId lawyers who dared to
try to get into the room
Some of the lawyers decided to see
the attorney general who is in the city.
and point out to him that no one had a
right to maintain a private prison.
Others followed them and then the police
cleared the corridors.