Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1902-08-14
GREENE AND GAYNOR
ARE GIVEN LIBERTY
Fugitives From Georgia
Courts Are Released in
Canada On Writ of
Habeas Corpus.

QUEBEC. aug. Is.-Judge caron. OF the
superior court today released Capt. B. F.
Greene and Co. John F. GaynOr. the Am
erican. contractors who are wanted In the
United States for alleged frauds against
the federal government. involving hun
dreds OF thousands OF dollars. Judge Ca
ron based his ruling on the absence OF
dates In the warrants I'm which the prison
ers were first arrested in Quebec. dis
crepancies in the charges on which true
bills were obtained against the prisoners
IN the United States and discrepancies be-
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 adjourned
Mr. Master. counsel for the United
States government was asked whether
the prosecution intended 10 take any
further action looking 20 the extraditiOn
Of Gaynor and Greene. Mr.. McMaster re-
piled that he was unable 10 speak posi-
lively on the subject until after con-
ference with Messrs. Erwin and Stewart,
which Is proceeding az the Chateau From
tenac.
There was a large attendance OF both
legal luminaries and spectators Mrs.
Gaynor, accompanied by a number OF
ladies. was present during the delivery
OF the judgment Gaynor and Greene
came into court with Sheriff Langler.
Judge Caron assembled the bench at 10.sO
and began the reading Of the very
The judge referred 20 the case as OF
great Importance. IL only by reason OF the
unusual proceedings employed. and went
on 20 say that he would only review his
last two writs.
He then read the petitions OF the prison.
for 0Fh hal u-c
the writ was issued in virtue by which
the prisoners were taken out OF the hands
Of Tailor Eaflee. Of Montreal. as well as
the answer thereto and the writ Itself.
The events Immediately preceding the is
sue OF writs. he also reviewed and went
On 20 concur I'm Judge Andrews opinion
with regard % the sensational manner IN
which the prisoners arrest was made
here
With regard 20 the attacks made up
on himself, he was sure that the Ameri-
ean government authorities and their
agents could have had no hand I'm them.
The notice 20 the American governments
lawyers 20 Jailer Vaflee TO attend the de-
livery OF Judge Andrews judgment was
then quoted and Vaflee's compliance
thereto noted. The judgment ipso facto
dispossesHed Judge Andrews OF the
prisoners and under the circumstances he
was quite Justified IN his subsequent Is
sue OF writs OF habeas corpus addressed
90 Tailor Vailee after he had taken pos
session OF the prisoners following Judge
Andrews pronouncement.
Judge Caron next quoted authorities for
his issue OF a writ OF certiorarf in his pre-
vious judgment and showed that the writ
OF habeas corpus nevertheless remained
IN force even without the extraditiOn COM
missioner having pronounced upon the
case for the prisoner always has a right
20 question the Justice OF his being de-
prived OF his liberty. American courts
have taken similar view OF a case where
a foreigner was a fugitive from Quebec
province.
His honor expressed the opinion that
Judge Andrews judgment quashing his
own wit OF habeas corpus did not decide
the merits OF the case and notwithstand-
ing the pretensions OF lawyers for the
prosecution TO the contrary, his writ in no
way confiicted with Judge Andrews judg-
ment. for a prisoner may always renew
hts application providing that some new
facts are stated, as had been done in the
present case
One OF these referred to the absence IN
the warrants OF the dates at which the
offense was alleged 70 have been commit
ted and the other an objection OF the
validity OF the charge OF conspiracy TO de-
fraud under the extradition treaty. To
make the warrant valid. the date OF the
offense. II committed, must be inserted in
II 70 prove the commissioners Jurisdic-
ton Moreover. the exact crime with
which the prisoners are charged and the
proceedings 10 be taken against them,
they have a right TO know.
In the Emo case, the offense with which
the prisoner was charged in the extradi-
ton proceedings and that made elsewhere,
did not agree. In the present case there
was distinct discrepancy between the
charges upon which the various true
bills against the prisoners we're ohfafned
in the United States and between them
and made in the application for extradi-
ton. q
This. as well as the absence OF dates in
the warrant. he held 10 be distinctly fatal
20 the latter and he therefore upheld the
prisoners claims and their objections 20
the warrants maintained the writ OF ha-
beas corpus and ordered the release OF
the prisoners.