The Birmingham age-herald., 1902-07-19
ERWIN OFFERED TOCEASE FIGHT Interesting Evidence in GavnOr-
 Green Hearing MAKES STRONG STATEMENT
Benjamin Green Says the U. 8. Attor- ney Told Him That He Could Have the. Matter Dropped
 From Criminal Court.


 Quebec, July 1S.-Todays proceedings in the Gaynor-G Green case consisted prin- cipally in the filing of affidavits and contra-affidavits and 1t was onlx a sharr time before the adjournment of the court that MT. Mater of the prosecution com meneed his argument and his motions tc auash the habeas corpus writs issued by Judge Caron on June 20 and 21 last.
 The proceedings were opened by MT Tashereau, counsel for the prisoners who produced affidavits of Benjamin Green to the effect that on May 1T. MT. Erwin treal, when Erwin said to Green: If you will pay $5OO,OOO to settle the whole mat ter, will go at once to Washington and advise it's acceptance.
 Green answered that he could not stand that because he had not the money to pay half that amount. but Erwin said "Gaynor has enough don't know where 1t is, but he has it.
 To this Green said: 'If you will say s20O.0OO will talk to Colonel Gaynor about It..
 Erwin replied the affEavit continued: That will not be enough"
 Another Proposition.
 Green then added: What do you think of $500. .O00?" He said:
 T don't think that is enough, but you don't want to go through the rest of your 
 must remember that if you are extradited and are in Georgia 1t will be too late to make settlement
 Green finally said: Well, anyway, ] don't see how we can pay any money because that would be an admission on our part that we have received money wrongfully; that we have not done.
 Green swore that this talk of a settle ment for s5Oo.oO0 referred to the criminal proceedings against them and not tc any civil aim. This affidavit was support ed by another from MT. J. r. Gaynor
 MT. McMaster read an affidavit signed by Marion Erwin, completely denying the allegations In the affdavits of MT. Green and Gaynor. Regarding the interview between MT. Green and himself Mir Erwin stated that on his return to his room on the afternoon of May IT he found a note there in which he recognized the hand writing of B. D. Green, which note was as follows:
 Note to Erwin Shown.
 'If you can call to see me at any time today you will do me a great favor. Il
 The original of this note is in the pos sesion of MT. Erwin and was shown to Judge Caron.
 In response to that request he had gone to Greens room, and the latter opened the conversation by saying that while he knew that Erwin had been prosecuting him vigorously for over two years he wanted to thank him for having always treated him with personal consideration. He then said If the extradition proceed ings at Montreal proceeded for any length of time 1t was probable he might desire to give bonds.
 Ervin's affidavit continued in sub stance:
 ''I called his attention to the fact that he and Gaynor had already forfeited bonds in the sum of $4000 900 each. He re- piled that he had left the United States because he had determined to never be put in jail as a convict; that he had come to Canada with the expectation of a year or two his friends in the United States could effect a settlement of the civil claims of the government against him and then he could probably obtain a dismissal of the criminal proceedings. He said that he had not given his per- sonal word that he would not run off from the prosecution In Georgia, but he would pledge me his word of honor that if I would agree to his giving bonds be- fore Judge Lafontaine he would not run off.
 Millions Tied Up.
 He then referred to the fact that the government had already tied up py ciyfl proceedings half a million dollars of as- sets of what the government claimed was O. M. Carter's share in the fraud, and asked me what was the exact amount the government claimed that he and J. F. Gaynor had received as their share re- piled that we and Gaynor had received S1, 400, 900 as their shares in the frauds. He replied that he was in no position and has not sufficient means to meet such a claim, but that he and Gaynor would be willing to pay the government s30O,000 In settlement of the entire litigation to include the $S0,000 claimed on forfeited recognizance which he said were secured DJ dSSctS put dP bS NfcJ AiSA NAiA Ai'iii7eiA with the surities, but that if he settled the civil claim 1t must carry with 1t the dismissal of the criminal proceed ings. replied that I knew of no law for settling the criminal case, but if he made restitution of the government actual loss I did not know what view of lena enoy might be taken by the government; that I had no authority in the matter, and that the amount he offered in settle ment of the governments civil claim was not sufficient large for me to recom- mend 1t to the attornye general"
 Other AffidavIts.
 The other affidavit practically contains the same statement as that mentioned last week in MT. Erwins reply to Taschereau's statement, MT. McMaster also produced affidavits from Detectives O'Keefe and Sloan of Montreal, who swear that when the interview took place between Gaynor and Green only these two were in the room.
 MT. McMaster in conclusion remarked that these affidavits were filed to con- tradict utterances made by Mir. Tasch- ereau on July IL
 MT. McMaster then filed a new power of attorney signed by Attorney General Knox on July Il.
 The question of affdavits was then dropped and Mr. McMaster began his ar- gument upon his motion to quash the writs of habeas corpus.