The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-07-10
this provision of the Canadian extra

this provision of the Canadian extra
dition act:
Whenever this act applies, judge.
may issue his warrant for the appre-
hension of fugitive on a foreign war
rant of arrest, or on information or
complaint laid before him, and on such
evidence or after such proceedings as
in his opinion would, subject to the
provisions of this act, justify the is
sue of his warrant If the crime of
which the fugitive is accused or al
legged to have been convicted had been
committed in Canada"
The Terms of the Treaty.
Citation is made of the extradition
treaty between the United States and
Great Britain, and it is shown that it
provides for eXtradition for the Of
fenses of embezzlement, fraud, receiv
ing stolen monies or goods or prop
erty, of obtaining the same under false
pretenses. or for participation in these
crimes, provides such participation is
punishable by the laws of both coun-
tries. Mr.. Erwin made complaint on
oath on May IA last before Hon. Uric
Lafontaine, an extradition commits
sioner, resident at Montreal, who is
given jurisdiction over the whole prov
ince of Quebec, charging Greene and
Gaynor with having participated in the
crimes of fraud, embezzlement and OBJ
tanning money under false pretenses,
the complaint setting out Tpatters in
detail and that such participa ton was
punishabl by the laws of both coun-
tries. The report then directs atten-
ton to the entire regularity of the SER
vice of the writs, arrests of Greene and
Gaynor and their demand for further
examination. After this, Judge An
drews, at Quebec, issued writs of
habeas corpus. which were served at
night on the jailor at Montreal, who
held the men under the extradition
commissioners order for further pro-
ceedings.
Action of MOntreaIs Tailor.
On what followed, the report says:
Without notice to the commissioner
or to the attorneys representing the
United States in the proceedings, the
Montreal jailor, who holds his appoint
meEt under the provincial authorities
within a few minutes after service OF
| the writs upon him, conveyed the pris-
oners by special train back to Quebec
AS there were other judges at Montreal
| exercising habeas corpus powers, and
! in such cases the Canadian laws give
a judge in the district of Quebec nc
authority to bring prisoner from Mon
| treal on habeas corpus inquiry, it is
not believed that the jailor at Mon
| treal would have adopted so extraor-
binary a course without notice to par
ties in interest. except under high Of
| fetal pressure.
An influential Law Firm.
1.-THE attorneys at that time appear
| ing in the proceedings for the fugi-
/ tives, and moving to have that done,
| embraced, among others, the firm Of
| Fitzpatrick, Parent, Taschereau, Roy
! & Cannon. of which firm the Hon
! Charles Fitzpatrick, Minister of JUS
| tice for the Dominion of Canada, is
a member; of which firm Mr.. Cannon
| son of the deputy attorney for the
/ province of Quebec, is a member; OF
which the Hon. N. Parent, prime min
lister for the province of Quebec, is q
| member; also Mr.. Honore Gervais, law
| partner of Hon. Mr.. Archambault, at
| torney general for the province of Que
bee, also Mr.. Chauveau, son of the
extraoition commissioner of Quebec.
| The report next reviews the motion
of counsel for the United States IL
| quash the Writs of habeas corpus and
| remand the prisoners, so that the ex-
tradition hearing might proceed and
| the fact that the evening before JUS
| tlce Andrews was to render his opin-
| ion the prisoners attempted to drop
| that proceeding on a claim that it was
! Illegal, and through their counsel,
Messrs. Fitzpatrick, Parent, Roy &
| Cannon, have other writs of habeas
corpus issued to come before Justice
! Caron, judge with concurrent juris-
| diction with Justice Andrews, on the
| ground that their custody by the sher-
iff at Quebec was illegal. Justice An
| drews il denying the prisoners claim
! that the first writs of habeas corpus
were illegal, said that it was not for the
| persons who induced him to issue the
| writs of habeas corpus to claim they
| were illegal ard to avail themselves
! of such a means of escape.
The JniIor Turns Partisan.
The report next says that notwith-
| standing this and the fact that under
! Canadian law a second writ of ha-
| beas corpus corpus cannot issue except
on new facts" the prisoners coun-
sci alleging, on petitions, only the same
| facts, caused other writs to be issued
| by Justice Caron. The jailor, in max
| ing his return to these writs, refused
| on the request of counsel of the United
States, to attach copies, or set out in
! his return the substance of the docu-
| menJS unQer winch ne nelu the pIlS-
| oners.
| 'If the iailor had been acting under
! the advice of officers of the crown,
| adds the report, free from the en-
tangling relations of counsel for the
fugitives, it is incredible that in a
/ country which shares with us the high
! standards of justice and fairness which
| is our common heritage, jailor could
/ have wilfully withheld the documents
of his authority to the prejudice OF
| a party to the litigation"
| Counsel for the United States, by
| reason of the jailors defective return
were compelled to amend it by annex
ing copies of the documents under
which they were held, and the defec-
| tive returns were made the basis OF
| a motion before Justice Caron for a
| writ of certiorari by the prisoners
counsel, who thereby sought to divest
Extradition Commissioner Lafontaine
of power to proceed with the case, and
this although Justice Andrews had Se-
| fused a similar certiorari. Justice Ca
ron. after a weeks consideration
granted the prisoners motion for GER
tiorari and withheld judgment on the
motion of the United States to have
| the documents showing the cause OF
the prisoners detention annexed to the
| return.
The report continues:
Meantime, the counsel for the pris-
oners who in England or in the United
States, would be debarred from &C.
cupying such dual relationships. have
in open court, challenged the right OF