The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-05-18
A HOT FIGHT AHEAD
Qnebec Demands Return of
Green and Gaynor.
Montreal viii Not Serd Them Back. The
Prisoners Will be Examined on Next
Monday.
INV the Associated Press


Montreal. May 16.-JOhn F.. Gaynor and
b. ID. Greene are guests at the Windsor
Hotel, each guarded by local detective,
! with a force of United States Secret Ser
vice agents unofficially in reserve. They
will not go back to Quebec, much as
/, they and their friends desire it, and in
spite of the writ of habeas corpus grant
ed by Judge Andrews of Quebec, direct
ing Chief Detective Carpenter to return
his prisoners to that city.
When the Spray arrived III Montreal
, this morning the party drove to the
! Windsor. At o'clock they left the hotel,
just as the pursuing force from Quebec
/ reached the hotel.
Chief Carpenter took his prisoners to
Judge LaFontaine's residence and an i'm
promptu court was convened in the
judges library.
Mr. Carpenter handed his prisoners
over to the judge and the latter, after
fixing their examination for Monday,
committed them to the care of Car
penter with permission to reside at the
Windsor.
In the meantime High Constable Gale,
of Quebec. with the writ of habeas cor
pus was searching diligently for Mr..
Carpenter. At 10 o'clock he found him
, in his office and served the writ Mr..
Carpenter consulted his counsel and was
informed that if he attempted to return
, the prisoners to Quebec he would be
liable to arrest for contempt of the local
court, whose mandate he had received
and executed. So an answer setting
forth the facts in the matter was pre-
pared and sent down to Quebec, and with
that it is expected the Quebec people will
have to remain satisfied.
The jurisdiction of an extradition com
missioner extends over the entire do
minion and the arrest of Greene and Gay
nor was made by an officer qualified to
make arrests in any portion of the prov
ince, consequently there is no doubt that
they will hold.
This evening Mrs GaynOr arrived from
Quebec, accompanied by Hon. Jules
/! Tester, counsel for the prisoners, who
had a consultation with them at the
Windsor Hon. S. o. Taillon and III. c.
St. Pierre have also been retained, so
that formidable array of counsel will
take part in what promises to be as
spirited a legal fight as Montreal has
witnessed since John C. Emo, the de-
faulting New York banker, successfully
resisted extradition. 1t would not be
surprising if fight between the Quebec
and Montreal courts is made a prefix to
the main battle of the lawyers.
Gaynor and Greene had engaged the
services of all the best lawyers in Que
bee and the change of venue leaves these
gentlemen out in the cold.
1t was stated this afternoon that the
Provincial Governor had instructed Judge
LaFontaine to obey the writ of habeas
corpus, but the judge says that all he
knows about the case is that he issued
a warrant, and that the men called for
in that document were produced before
him. He had remanded the prisoners
until Monday morning, and expected that
they would be then again produced be-
fore him.
Legal opinion in Montreal is that habe-'
as corpus proceedings cannot be insti-
tuted until Judge LaFontaine has de-
cided the case. Then if he commits them
for extradition, proceedings of that ma
ture will be(in order.