Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1902-08-14
ARE NOW At LIBERTY.
Messrs. Gaynor and Greene are Re,
leased by Order Of the Canadian.
Judicial Officer.
Bases His Decision in Sustaining
Habeas Corpus on Absence Of
Dates in ! Warrants.
Claims Discrepancies in the Charges
on Which True Bills Were Re-
turned Against Them.

Quebec, Aug. 14.-Judge Caron of
the superior court has released Cap
tain Greene and Colonel gGaynor, the
in the United States for alleged frauds
against the federal government involv-
ing hundreds Of thousands of dollars.
Judge Caron based his decision in
the case upon the absence of dates on
the warrants upon which>the prisoners
were first arrested in Quebec; discrep-
ancies in the charges on which true
bills were obtained against the pris-
oners in the United States, and dis
crepancies between those charges and
the charges made in the application
for extradition. The prisoners were
at once released and received the con-
gratulations of their friends and the
court adjourned.
Mr.. McMaster, counsel for the Unit
ed States government, was asked
whether the prosecution intended to
take any further action looking to the
extradition Of Colonel Gaynor and Cap
tain Greene. Mr.. McMaster replied
that he was unable to speak positively
on the subject until after a confer
ence with Messrs. Erwin and Stewart
which is proceeding at the Chateau
FrOntenac.
Judge Caron referred to the case as
of great importance, if only by rea-
son of the unusual proceedings EN-.
ployed. He then read the petitions of
the prisoners for writs of habeas cor
pus upon which the writ was issued
by virtue of which the prisoners were
taken out of the hands of Jailer Valee
Of Montreal, as well as the answer
thereto and the writ itself. The events
Immediately preceding the issue of
writs he also reviewed and he con-
Cured in Judge Andrews opinion
with regard to the sensational manner
in which the arrest was made here:
4 With regard to the attack made
upon himself he was sure that the
American government authorities and
their agents could have had no hand
in them. The notice of the American
governments lawyers to Jailer Valee
to attend to the delivery of Judge An
drews judgment was then quoted and
Valee's compliance therein noted.
That Judgment ipso facto dispossessed
Judge Andrews of the prisoners and
under the circumstances he Judge
Caron) was quite justified in his sub
sequent issue of writs of habeas cor
pus addressed to Jailer Valee after he
had taken possession of the prisoners
following Judge Andrews pronounce
ment.
Authority for His Action.
Judge Caron next quoted authority
for his issue of a writ of certiorari in
his previous Judgment and showed
that the writ of habeas corpus never
theless remained in force even with
out the extradition commissioner hav-
ing pronounced upon the case, for the
prisoner has always. right to ques-
tion the justice of his being deprived
of his liberty. American courts had
taken similar view in the case of
forger7 who was a fugitive from Que
bee province. IS i .
His homer pressed the opinion that
Judge Andrews judgment quashing his
own writ of habeas corpus did not de-
eide the merits Of the. case and not
Withstanding the pretensions of the
lawyers for the prosecution to the con-
trary, his writ in no way conficted
with Judge Andrews Judgment, for
prisoner may always renew his appli-
cation providing that some new facts
are stated, as had been done in the
present case. Ss 5s.gi ri
$ One of these referred to the absence
In the warrants of the dates on which
the offense was alleged to have been
committed, and the other an objection
Of the validity Of the charge of con-
spiracysto defraud under the extradi-
tion treaty. To make the warrant val.
i'd the date of the offense, IL commit
ted, must be inserted in it, to prove
the commissioners Jurisdiction. More
over, the exact crime with which the
prisoners are charged and the proceed
ings to sbe taken against them, they
have a right to know.
In the Emo case the offense with
which the prisoner was charged in the
extradition proceedings and that made
elsewhere did not agree. In the pres
ent case there was distinct discrep-
ancy between the charges upon which
the various true bills against the pris.l
oners were obtained in the United
States and between them and that
made in the application for extradi-
ton This, as well as the absence Of
dates in the warrant, he held to be dis,
tinctlye fatal to the latter and hSs.
therefore, upheld the prisoners claim
and their sobj jections3 to the warrants,
maintained the writs Of habeas cor
pns and ordered the release of the
prisoners.
Aiger May Succeed Mcmillan.
Boston, Aug. i General Alger has
left the Profile House In the White
mountains for Detroit. 1t is reported
that Governor Bliss Of Michigan may
appoint him United States senator to-
succeed the late Senator Mcmillan.