Arizona republican., 1902-08-14

Quebec. August 13.-Colonel John F. Gaynor and Captain Benjamin h. Greene scored a decisive victory today in their fight against eXtradition to the United States. where they are wanted in connection with alleged frauds iu harbor work for the federal govern ment involving millions of dollars.
 Judge Caron of the superior court discharged the prisoners from the GUS tody of Sheriffs Langelier of Quebec and Valee Of Montreal, in whose official care they have been since their sensa- tional arrest in Quebec Inst May A large number of the prisoners friends were in the courtroom and they hearti- fly congratulated the two men on their release. Colonel Gaynor and Cap tain Greene left the courtroom soon after Judge Ca-oa had concluded and proceeded to Chateau Frontenac.
 Colonel Gaynor. who is suffering from rheumatisn:, retired to his room.
 It is understood that the United States government will institute new proceedings for extradition. but up to a late hour no steps had been taken by counsel representing the Washington authorities.
 Judge Caron, who spoke in French. occupied aDout two hours in delivering his judgment. In reviewing the whole proceedings since the arrest of the two prisoners he pointed out that their counsel had raised an important ques- tion to the effect that the warrant is sued by Magistrate Lafontaire was il- legal on the ground that it did not con- tain the date nor year in which the alleged CffenSe had been committed. He could not presume when the of fense 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 treaties had no retroactive effect.
 According to a deposition made in Montreal by MT. Erwin, counsel Ter the United States, in May last continued Judge Caron, the accused were charged with fraud committed on or about Jan uary l, 1897. That crime was not in- cluded in the treaties, and that of re- ceiving money under false pretenses was only included in the treaty of 1900 This was fatal to the prosecution and
 
 taine was illegal as the offense includ- ed therein did not fall under the ex- tradition treaty: consequently the ar rest was illegal and the accused must be set at liberty.
 After citing authorities in support of his decision, Judge Caron concluded as follows:
 Considering that the warrant in vir- tue of which the petitioners are de- tained contains no date of the commis- sion of the Cffense whereof the petition- CTS are accused; considering that in virtue of the treatise of eXtraditiOn existing between Great Britain and tho United States it is positively provided that these treaties shall have no retro active effect for an offense committed before their passage; considering that the alIega tion of the date Of the com mission of the offense is in consequence essential to give jurisdiction to q com missioner to issue warrant of arrest: considering furthermore that it is not alleged in the warrant that the offense fer which the said warrant has been issued is one of criminal participa ton. punishable by the laws of both coun- tries which is a condition required by the last paragraph of the, first article of the treaty of 1890: considering that the information. indictments. and true bills and all the documents produced for the issue of warrant do not show that the offenses of which the petition CTS are charged and for which they would have to stand their trials in the United States should extradition be granted, are within the terms of the treaties of extradition between Great Britain and the United States and dis close no offense committed by the pris- oners for which they could be extra dited under the said treaties: consider ing in consequence that the warrant oi arrest issued by said Uric Lafontaine in his above stated capacity is null an6 void and illegal and could not warrant the arrest of the petitioner, the court rejects said motion of the United States. an intervening party to quasi said writs of habeas corpus addressed bv me on June T last to said C. 4 VaIee and declares the arrest and de tentiOn of said petitioners as illega and annuls and sets aside the said war rant of arrest.
 s.It is ordered that the petitioners b1 liberated and discharged from the GUS todv of C. A. Valee. jailer of Montreal and of Charles Langelier. sheriff ol Quebec who have at present the cus- tody of them. and this order will D. the warrant for the said C. A. Valef and for Charles Langelier for the com n1ete ar1 immediate release of sait prisoners"