Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-07-10
Bad Faith IS ALLEGED
Action of Canadian Officials in
Greene and Gaynor Cases
Complained of.
Defendants Attorneys Are Men
OF High Influence With Dos
minion Authorities.
International Complications May
Follow Extradition Cases
Twins Report.

Washington. July 10.-Complicatons
to follow the release on habeas corpus
writs of Benjamin ID. Greene and John
+. Gaynor, now in Canada, who We're
being sought by the government at
Washington on charges of embezZling
over S200O.OO0 In connection with river
and harbor Improvements at Savannah.
Go
The delays and embarrassments in
the extradition proceedings resulted
in Marion Erwin, special assistant TO
the attorney general who has been in
active charge of the eNtradition pro-
ceedings for the United States, trans
hitting to the attorney general, under
date of Montreal, July Z, a special re-
port on the case. in which he cans at
tention to the fact that the legal rep
resentatives of Greene and Gaynor are
closely connected thru professional
and family ties with the Canadian OIL
Gals to whom this government must
look for extradition of the men whose
custody it seeks.
Mr. Erwin in his report says that
prior to illstituting the eNtradition pro-
ceedings he was put on notice that
the fugitives had taken refuge at
quebec. for the purpose of resisting
extradition, and that they had en-
ployed as their counsel the firms of
LAWYERS to which belonged the highest
officials of the provincial and Dominion
government
The report states further: THE at
torneys appearing in the proceedings
for the fugitives embraced, among 9th
ers: The firm of Fitzpatrick, Parent,
Roy & Cannon, of which
firm the Hon. Charles Fitzpatrick, min
lister of justice for the Dominion of
Canada, is a member
"Of which firm the Hon. S. n. Par
ent, prime minister for the province
of Quebec, is a member.
"Of which firm Mr.. Cannon, son of
the deputy attorney general for the
province of Quebec, is a member
also MIR. Honore Gervais. law part
ner of the Hon. Mr.. Archambault. At
torney General for the province of Que
bee.
Also Mr.. Chauveau, son of the ex-
tradition commissioner at Quebec"
Without notice to the commission or
to the attorneys representing the Unit
ed States in the proceeding. the Mon
treal gaoler, who holds his appointment
under the provincial authorities. with a
few minutes after service of the writ
upon him, conveyed the prisoners by
special train back to Quebec.
In view of the fact. Nh. Erwin says,
that there were other judges at Mon
treal exercising habeas-corpus powers.
and in such cases the Canadian laws
give a judge in the district of Quebec no
to bring a prisoner from Mon
treal on habeas-corpus inquiry, it is not
believed that the gaoler at Montreal
would have adopted so extraordinary a
course without notice to the parties
in interest except under high official
pressure.
IF the gaoler had been acting under
adds the report free from the entang-
ling relations of counsel for the fugi-
tives, it is incredible that in a country
which shares with us the high stand
ards of justice and fairness, which is
our common heritage. Il gaoler could
have willfully withheld the documents
of his authority, to the prejudice of u
party TO the litigation"
Attention then is directed to the fact
that should've Quebec authorities final
ly decide to let the eXtradition commits
sioner proceed with the case, and should
he finally commit them to gaol for ex-
tradition under the Canadian law, the
prisoners must stay their fifteen days,
and during this time they have the
right to apply for writs OF habeas cor
pus, and it is Furthermore in the power
of the minister of justice to refuse to
surrender the prisoners and to dis
charge them from custody. Mr.. Erwin
protests against the manner in which
the Canandian authorities have acted.
and charges them with a violation of
the law.
1t is understood that the secretary of
state will bring the matter to the at
tention of the British embassy at once.
CONNER FAVORS CUBA.