The Washington times., 1902-07-10

or to the attorney representing the Unit
ed States in the proceedings. the Mon
treal taller. who held his appointmen;
under the provincial authoTities. with
in q few minutes after the service of
the writ upon him conveyed the prison
ers on special train back to Quebec.
In view Of the fact that there were
other judges at Montreal exercising ha-
beas corpus powers, and in such cases
the Canadian laws give q judge in the
district OF Quebec no Authority 10 bring
a prisoner from Montreal on haheas cor
pus inquiry, II is not believed that he
taller at Montreal would have adopted
80 ext-aord nary q course without no
tice to the parties In interest, except
under high official pressure,
Counsel for Greene and Gaynor.
THE attorneys at that time appearing
in the proceedings for the fugitives ani
moving TO have that done. em5rrced.
among otaerf the firm Of Fitzpatric,-
psrraa.. Tascheresu. Roy. and Cannon.
"of vh.cb rrn the Hon. Charles Fitz-
patrick. minister of justice for the do
rtiaj-u of Canada is member.
"Or which firm the Hon. 5. y. Parrant.
prime minister for the province Of Que
boo. is 9 member.
90. which frm Mr. Cannon son Of the
1corty attorney general for the prov
.-ra ~ Quebec is q member.
.-,f. souore Gerya.s. law partner OF
zen SIR archimaau!t. attorney general
- mo province II Quebec. End Mr..
slveau. son Of tns cz,raci-'on com
mis- -ouer AZ Quebec, were also In ihe
.--.oy Of rGeeEt and Gaynor.
"9n the return Of the tailc. 10 The
-r-.s cf habeas corpUz before H-. J.s-
ice Andrews IT Quebec coH17el f0r IN
United States moved 10 gr"sH the "r''s
and that Tho prisoners re .--IeTdnd 20
tbe custody OF the Tailor at Montreal.
that the hearing might rrcsteH before
Ezt-adit!on Commissioner Lafontaine.
n Custody of shsr.d.
Mr.. Justice Andrews, on motion Of
tac prisoners council. placed the Pri5-
oners in the temporary custody of the
sheriff Of the district OF Quebec. pending
the hearing on habeas corpus. After
argument of counsel. Hr. Justice An
a-ewg reserved his opinion until June Il,
1902
"Ou the evening before Mr. Justice
Andrews was to render his opinion on
the writs before him the prisoners al
tempted to drop that proceeding, and,
through their counsel, Fitzpatrick. Par
rant, Roy & Cannon, whose names are
signed TO the petition. presented other
petitions FOR writs OF habeas corpus di-
~rcted 20 the sheriff before MI. Justice
Caron. one OF the judges OF the superior
court at Quebec, exercising concurrcn;
jurisdiction with Mr.. Justice Andrews N
such matters.
MIR. Justice Andrews however. held
that it was his duty to 20 forward and
determine the proper custody and legal
disposition OF the prisoners, and he sus-
tanned the motion OF the United States
TO quash the writs of habeas corpus and
ordered the sheriff to convey the pris-
oners back to Montreal.
Contrary to Canadian Law.
notwithstanding this. and notwith-
standing that the Canadian law pro-
vides that a second writ OF habcas ccr-
pus cannot issue except on new facts
the prisoners counsel caused other
writs of habcas corpus by Mr. Justice
Caron and served upon Taller Vallec.
OF Montreal. on June q, 1909. who came
TO Quebec and received the prisoners
there. Gnd caused the prisoners to be
again placed in the custody OF the sheriff
al Quebec pending the hearing on the
habeas cor.us.
"Jailer Vallae. in his return to these
writs issued by Mr.. Justice Caron. sim
ply stated that he held the prisoners
under commitment from Judge Lafon-
toine q coDy Of which he had fled with
Mr. Justice Andrews. and under the
order of Mr. Justice Andrews. but re-
fused on request Of Counsel Of the
United States to attach copy or set out
in his return the substance of these
documents
A Remarkable Condition.
IF the jailer had been acting under
the advice of officers of the crown to
free from the ontangling relations of
counsel for the fugitIves. It is incredible
that in a country which served With US
the high standard Of justice and fair
rcss. which is their common heritage. II
jailer could have willfuIly withheld
the documents &. mis- authority to the
prejudice of n party to the litigation
BY reason of these defective r urns
counsel for the United States we're com
PEELED 10 move before Mr.. Justice
Caron to have the rcturHs amended by
attaching copies to these documents
and the scautiuess of the information
contained in tho defective returns wna
made the excuse for motion BIZ the
prisoners before Judge Caron for "A writ