Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-07-19
GAYNOR-GREENE CASE
AFFIDAVITS FILED IN COURT AT
QUEBEC.
Relate to Charge That Attorney Erwin
Offered to Compromise
the Case.


Today's proceedings in the Gaynor-Greene
case consisted principally in the filing of
affidavits ard contra -affidavits, and it was
only short time before the adjournment
Of the court that Mr.. Manchester, for the
prosecution commenced his argument on
his motions to QuaSh the habeas corpus
writs issued by Judge Caron on June 20
and 81 last
The proceedings were opened by Mr..
Taschereau. counsel for the prisoners. who
produced afidavits of Benjamin D. Greene
to the effect that on May II Mr.. Erwin
called on him at the Windsor Hotel. Mon
treal. when Erwin said to Greene: "If you
will pay 100000 to settle the whole matter.
! Will go at once to Washington and advise
its acceptance"
Greene replied that he could not stand
that. because he had not money enough to
pay his half Of the amount, but that Erwin
where it is. but he has it, To this Greene
said: IF you will say 500 900. 1 will talk
with Colonel Gaynor about it Erwin re-
piled. the affidavit continued: THAT will not
be enough" Greene then added: What do
you think of $3o0.OO0?' He said: Il don't
think that is enough. but you don't want to
go through the rest of your life hunted,
wherever you go, and you must remember
that II you are eXtradited and taken to
Georgia. it will be too late to make a set
Element"
Greene finally replied: "Well, anyway.
don't see how We can pay any money. be-
cause that would be an admission on our
part that We have received money wrong
fully. That we have not done
Greene swore that this talk of settle
ment for 100000 referred to the criminal
proceedings against them, and not to any
civil claim.
This affidavit was supported by another
from Mrs. j. f. Gaynor.
Mr.. McMaster read an affidavit signed
by Marion Erwin. completely denying the
allegations contained in the affidavits of
Mr.. Greene and Mrs. Gaynor. Regarding
the interview between Greene and him
self. Mr.. Erwin stated that on his return
to his room in the Windsor on the after
noon Of May II he found a note there. in
which he recognized the handwriting of
b. D. Greene, which note follows:
If you can call to at any time
today you will do me great favor" The
original of this note is in the possession
of Mr. Erwin and it was shown to Judge
Caron.
In response to that request he had gone
to Greene $ room and the latter opened the
conversation by saying that while he knew
that Erwin had been prosecuting him Wig
orousy for over two years. he wanted to
thank him for having always treated him
with personal consideration. He then said
If the extradition proceedings at Montreal
lasted for any length of time it was prob
able he might desire to give bonds.
Erwins affidavit continued in substance:
Il called his attention to the fact that ne
anu NIdy udu dlTedUy forfeited DDnUS IN
the sum of $4,000 each. He replied that
he had left the United States because he
had resolved never to be put in jail
convict: that he had come to Canada with
the expectation that after year or two his
friends in the United States could effect a
settlement of the civil claims of the gov
eminent against him. and then he could
probably obtain dismissal of the criminal
prosecution.
Greene said that he had not given his
personal word that he would not off
from the prosecution in Georgia, but he
would pledge me his word of honor that
if would agree to his giving bond before
Judge Lafontaine he would not run off.
He then referred to the fact that the gov
eminent had already tied up by civil pro-
ceedings half q million dollars of assets.
of what the government claimed was 0. NJ.
Carriers share in the fraud, and asked me
what was the exact amount the govern
ment claimed that he and John F. Gaynor
had received as their share. l replied that
we claimed that he and Gaynor had re-
ceived 81 100000 their shares in the fraud.
He replied that he was in no position, and
had not sufficient means to meet such a
claim. but that he and Gaynor would be
willing to pay the government $}00,OO0 in
settlement of the entire litigation. to in
clude the $4,000 claimed on forfeited recog
nizances. which he said We're secured by
assets put up by Gaynor and himself with
the sureties. but that If he settle the civil
claims it must carry with 1t the dismissal
of the criminal proceedings.
I replied that I knew of no law for set
Ting the criminal case. but that if he made
restitution Of the governments actual loss.
l did not know what view of leniency might
be taken by the government; I had no au-
thority In the matter, and that the amount
he offered In settlement of the governments
civil claim was not sufficiently large for
me to recommend to the Attorney General"
The other affidavits practically contain
the same statement as that mentioned last
week in Mr.. Erwns reply to Mr.. Tasche-
reau's statement.
Mr.. McMaster also produced affidavits
from Detectives O'keefe and Sloan of Mon
treal who swear that when the interview
took place between Erwin and Greene, only
these two were in the room. Mr.. McMaster,
in conclusion. remarked that these affidayits
were filed to contradict utterences made by
Mr.. TaSchereau on July II.
Mr.. McMaster then filed a new power of
attorney. signed by Attorney General Knox,
on July H.
The question of affidavts was then drop
ped, and McMaster began his argument
upon his motion to quash the writs of ha-
beaS corpus.