The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1902-08-19

Quebec. August 13.-Colonei John F.
Gaynor and Captain Benjamin D.
Greene scored a decisive victory today
in their fight against ~extrad;tion to the
United States where they are wanted in
connection with alleged frauds in har-
Dor work for the federal government in
volving millions Of dollars. Judge Ca
ron, Of the superior court, discharged
the prisoners from the custody of
Sheriffs Langier. of Quebec. II 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 congratulated
the two men upon their release. Colo
mel Gaynor M Captain Greene left the
court room soon after Judge Caron had
concluded and proceeded to the Cha
teau Frontenac. c olonel Gaynor, who is
suffering from rheumatism retired to
his room.
Quebec, August 13.-Judge Caron, of
the superior court today released Cap
tain Greene and Colonel Gaynor, the
American contractors who are wanted
III liz lIllCo oldlSS LUZ dllGseu lIduuS
against the federal government 1nvolv-
ing hundreds of thousands of dollars.
Judge CarOn based his decision upon
the absence of dates on the warrants
under which the prisoners were first ar
rested in Quebec; discrepancies in the
charges OF which true bills were OBJ
tanned against the prisoners in the
United States, and discrepancies bet
tween those charges and the charges
made in the application for extradition.
The prisoners were at once released
and received the congratulations of
their friends and the court adjoudner.
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
ne was unable to speak positively on
the subject until after a conference with
Messrs. Erwin & Stewart which was
held today at the Chateau Frontenac.
There was a large attendance of both
legal and spectators.
Mrs. Gaynor accompanied by a num-
Der of ladies was present during the
of the judgment. Gaynor and
Greene came into court with Sheriff
Langelier.
Judge Caron assembled the bench at
1920 n began the reading of the very
leHS lily HOltS pTSCGullS Ills JuOSIl6Il.
The judge referred to the case as of
great Importance, if only by reason of
the unusual proceedings employed, and
went on to say that he would only re-
view his last two writs. He then read
the petitions Of the prisoners for writs
of habeas corpus upon which the writ
was issued, in virtue of which the priS-
oners were taken out of the hands of
Jailer Valee, of Montreal, as well as the
answer thereto n the writ itself. The
events Immediately preceding the is
sue of Writs he also reviewed and went
on to concur in Judge Andrews opinion
with regard to the sensational manner
in which the prisoners arrest was made
here.
With reference to the attacks 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 delivery of Judge Andrews
judgment was then quoted and Valees
compliance therein noted. That judg-
ment Ipso FactO dispossessed Judge
Andrews of the prisoners and under
the circumstances he Judge Caron)
was quite justified in his subsequent
issue of writs of bea corpus address,
ed to Jailer Valee after he had taken
possession of the prisoners following
Judge Andrews pronouncement.
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 nevertheless
remained in force even without the ex-
tradiction commissioner having pro-
ounces upon the case, for the prison.
er has always a right to question the
justice of his being deprived of his lib
erty. American courts had taken q
similar view in the case of a forger
who was a fugitive from Quebec pro-
vince.
His honor pressed the opinion that
Judge Andrews judgment quashing
his own writ of habeas corpus did not
decide the merits of the case and not
withstanding the ~pretensions of lawyers
for the prosecution to the contrary the
writ in no way conlicted with Judge
Andrews judgment for a prisoner may
always renew his application providing
that some new facts are stated, as a
been done in the present case. One OF
these referred to the absence In the
warrants of the dates at which the Of
Tense was alleged to have been COM
mitted and the other an objection OF
the validity of the charge Of conspiracy
to defraud under the extradition treaty.
To make the warrant valid b date or
the offense if committed, must be in
seSted in it, to prove the commission
erS Jurisdiction. Moreover, the exact
crime with which the prisoners are
charged and the proceedings to be taken