The Savannah morning news., 1902-08-14
CAR0N is ROASTED
COUNSEL SAY HIS ORDER Is WITH
OUT LEGAL WARRANT.
THEY HAD NEVER BEEN HEARD
ON ANY MOTION FOR THE PRISON
ER'S RELEASE.

Greene and Gaynor Free to Travel
Over the British Empire-That
This Should Be So Amnzes McMas-
ter and Daudurand-The Motion
of the United States to Quash the
Writ of Habeas Corpus All That
Wns Argued Before Judge CarOn.
Counsel Dispose seriatim of the
Grounds of the Decision, DecIar-
ing Each False, Trivial or Absurd.
Quebec, Aug. 13.-Messrs. McMaster
| and Dandurand, counsel for the
United States government and Mr..
Gervaise, counsel for Messrs. Gaynor
and Greene, returned to Montreal this
evening.
Since judgment was rendered to-day
the accused have enjoyed their liberty
and tonight could be seen among the
promenaders on the terrace. According
| to the judgment, the accused are per-
fectly free to travel in any part of the
British empire.
The action of Judge Caron in dis
charging the prisoners from custody
and the grounds stated for his conclu-
sions in the judgment rendered came
as a surprise to counsel for the
United States. They say that there
were but two motions pending before
the Judge:
First. The motion of the United
States to quash the writ of habeas
corpus and to remand the prisoners to
the custody of the jailer of Montreal.
Second. The motion of the prisoners
counsel to have the extradition hearing
proceed on it's merits before Justice
Caron.
First Motion Alone Argued.
The first of the motions alone was
argued, with the understanding that
counsel was 10 have the opportunity of
being heard on any other question
when that was determined. The point
made in the opinion that the warrant
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 Of
| Tense. The warrant and remand were
in the exact form prescribed for use in
the criminal code and were held suf-
| ficient by Justice Andrews.
The point made in the opinion that
| the warrant does not set out that the
acts charged constitute a crime under
the laws of both countries, they say,
is without force, as it is specifically set
out in the complaint that the acts
charged were contrary to the laws of
peatedly in the Canadian decisions, the
courts here will take judicial notice
that the acts charged constitute a.
breach of the Canada statutes, If COM
mitted in Canada.
Basic Allegation Overlooked.
The point made in the opinion that
the complaint charges only conspiracy,
they say, overlooks the most impor-
tant allegations contained in it. The
complaint, after setting out the acts
of embezzlement and fraud committed
by Oberlin M. Carter, charges specif-
cally that the prisoners not only con-
spired with Carter to commit the
crimes, but aided and abetted him in
that commission, and divided with him
the money thus fraudulently obtained.
Both at common law and under the
Canadian statutes one who procures
or aids or abets the commission of a
crime participates in the crime.
The treaty provides that there shall
be extradition for participation in en-
| bezzlement or participation in fraud
committed by an agent, and it is diff
f1cult to understand how a palmer case
of participation could be set out than
that charged in the complaint.
The point made in the judgment that
Mr.. Justice Andrews had not rendered
a judgment on the motion to quash
the writ of habeas corpus pending be-
fore him, and that therefore his opin-
ion did not make a case of res judicata,
will be disproved they say, by in
spection Of the record, which shows
Judge Andrews judgment Endorsed on
the papers.
Prima Facie Case Conceded.
That the defendants counsel them
selves conceded that the case made
by the complaint before Judge Lafon-
tame was sufficient on its face and
within the face of the treaty is shown,
they say, by the fact that they did not
move to have the prisoners discharged
on the writ of habeas corpus before
Judge Caron, but moved to have a day
! fixed for hearing before him on the
merits of the extradition case in his
capacity as eXtradltlon commissioner.
There was no point made in the de-
cision of Justice Caron which was not
also before Justice Andrews, and the
United States counsel say that it can
only be regarded as an unfortunate
state of affairs when two judges in the
same court and passing on the same
case cannot agree, and when crime
goes UNPUBLISHED.
Counsel for the United States will
take time to consider their future
course of action