The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-08-14
Judge CafOn Declares Warrants
on Which Arrests We're
Made Defective.
PAPER DID. NOT MENTION
DATE OF ALLEGED CRIME
For This Reason the Judge Could Not
Tell Whether the Offense Was
Committed Before or After
Warrant Was Signed.

Quebec, August 13.-Coi. John F. Gay.
nor and Capt. Benjamin D. Green scored
decisive victory today In their hght
against extradition to the United States
where they are wanted in connection
with alleged frauds in harbor Work tor
the federal government involving MIL
lions of dollars. Judge Caron, In the
superior court, discharged the prisoners
from the custody of sheriff Langlier of
Quebec and valee, of Montreal, in whose
official care they have been since their
sensational arrest in Quebec last May.
large number of the prisoners friends
were in the court room and they heartily
congratulated the two men upon their
release.
Colonel Gaynor and Captain Green left
the court room soon after Judge Caron
had concluded and proceeded to the
Chateau Frontenac Colonel Gaynor,
who is suffering from rheumatism, retir-
ed to his room 1t is understood the
United States government will institute
new proceedings for the extradition. but
up to late hours no step had been
taken by counsel representing the Wash
ington authorities
Delivered Opinion In French.
Judge Caron. who spoke In French, oc-
cupied about two hours in delivering his
judgment. In reviewing the legal pro-
ceedings since the arrest of the two pris-
oners he pointed out that their counsel
had raised an important question to the
effect that the warrant issued by Magis-
trate La Fontaine was illegal on the
ground that 1t did not contain the date
nor the year in which the alleged offense
had been committed. He could not pre-
sumo when the offense was committed and
it may have been previous to the signing
of the treaty between the United States
and Great Britain and if so. the accused
could not be held as the treaty had no
retroactive effect.
According to deposition made In Mon
treal by Mr. Erwin, counsel for the United
States In May last continued Judge
Caron, the accused were charged with
fraud committed on or about January
J. 1897. That crime was not included in
the treaties and that of receiving money
under false pretense WAS only included
in the treaty of 1900 This was fatal to
the prosecution, and the warrant issued
by Judge La Fontaine was defective,
as the offense included therein did not
fall under the extradition treaty; con-
sequently the arrest was Illegal and the
accused must be set at liberty.
After citing authorities In support of his
decision, Judge Caron concluded as fol-
lows
Concluding Reasons.
considering the warrant in virtue of
which the petitioners are detain ed con-
fains no date of the commission of tho
offense whereof the petitioners are ac-
cused; considering that In virtue Of the
treaties OF extradition existing between
Great Britain and the United States. 1T
is positively provided that these treaties
shall have no retroactive .4Iect for Of
fepses committed before their passage:
considering that the allegation of the
cate of the commission O.. the offense is
in consequence essential to give jurisdic-
tion to the commissioner tn issue a war
Isnt of arrest. considering, furthermore
that Ii is not alleged In the warrant that
The offeLse for which said warrant has
lt6n issued is one of criminal participa-
ton, pur ishahle by the laws of both
countries, which is a condition required
~ the last paragraph of the first article
o. he treaty of 1890; considering that the
II formation, indictments and true bills
ard ali documents produced for the issue
of the warrant show that the offsnses of
which the petitioners are charged and
for which they would have to stand their
trials in the United States should extra
terms of the treaties of extradition be-
tween Great Britain and the United
States, and disclose no off-nse committed
by the prisoners for which they could be
extradited under the said treaties; con-
sidering in consequence that the warrant
of arrest issued by the said Uric La
Fontaine In his above-stated capacity Is
null and illegal and could not warrant
the arrest of the petitioner, the court re-
jects the said motion of the United States.
!, tfaa oil Ire
of habeas corpus addressed to me on
June q last to the said C. A. Valee, doth
declare the arrest and detention of the
said petitioners illegal and doth annul
and set aside the said warrant of arrest"
Free to Travel.
Messrs McMaster & Bondurand, coun-
sci for the United States government
and Mr.. Gorvais, counsel for Messrs.
Gaynor and Green, returned to Montreal
tonight. According to the judgment, the
accused are perfectly free to travel in
any part of the British empire.
The action of Judge Coran in discharg-
ing the prisoners from custody and the
grounds stated for his conclusions in the
judgment rendered came as a surprise
10 the counsel for the United States.
They say there were but two motions
pending before the judge:
Il. The motion of the United States to
ouash the writ of habeas corpus and to
remand the prisoners to the custody of
the jailer of Montreal
''2 The motion of the prisoners coun-
sci to have the extradition hearing pro-
ceed on its merits before Justice Caron.
The first of the motions alone was argued
with the understanding that counsel
were to have the opportunity of being
heard on any other question when that
was determined. The point made in the
opinion that the warrants of arrest or
remand did not set out the date when
the offense was committed, they say, was
immaterial The judge had before him
the complaint, which charges specifically
the date of the offence. The warrants
and remand were in the exact form pre-
scribed for use in the criminal code and
were held sufficient by Justice Andrews.
,rhe point made in the opinion that the
warrant does not set out that the acts
aharzed constitute q crime under the