Omaha daily bee., 1902-08-14
CAYBOR AND GREENE FREE
American Fugitivss Ordered Released on
WFits IF Habeas Corpus.
CANADIAN COURT UPHOLDs DEFENDANTS
Jadge SENDER an Exhaustive Opinion
iF the Case nnd auotes Freely
from AHsherities 70 sup-.
port His Position.

QUEBEC. Aur 1s.-coIonel John r. Gay
nor and Captain BENJAMIN d. Green
scored q decisive victory today In their
Eight agHinst extradition to the United
States. where they are wanted in connec-
tiOn with alleged frauds in harbor work
for the tedesui government involving mill
lions 81 dollars y,
Judge Caron. on the superior court. dis
charged the prisoners from the custody Of
sherias Lahgelicr Of Quebec and vaiee of
Montrta al IN whose oficial care they have
.been since their sensational arrest in
Quebec last May, A large number Of the
,prlsonefhs friends were In the court room
and they heartily Congratulated the two
men upon their release.
Colonel Gaynof and Captain Green left
the court room soon after Judge Caron had
concluded and proceeded TO the Cheatau
Frontenac. Colonsl Gaynor, who is suffering
from rheumatism. retired to his room. 1t is
understood that the United States govern
ment will institute new proceedings for
extradition, but up to a late hour no step
had been taken by counsel representing
the washington authorities.
Judge Caron, who spoke in French, oc-
cupled about two hours In delivering ais
judgment In reviewing the legal proceed
lings since the arrest OF the two prisoners
he pointed out that their counsel had
raised an important question to the Of
feet that the warrant issued by Magistrate
Lafontaine was illegal on the ground that 1t
did not contain the date nor the year In
which the alleged ofense had been COM
mitted. He could not presume when the
'ofense was committed and It may have
been previous to the signing Of the treaty
between the United States and Great
Britain and II 80 the accused could not be
held, as the treaties bad no retrocative ef-
feet.
According to q deposition made In
Montreal 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
/, 1897. That crime was not included In the
treaties and that receiving money under
false pretenseE was only included in the
treaty Of 1860.
This was fatal to the prosecution, n
the warrant issued by Judge Lafontaine
was defective, as the offense included there
in ala not fall under the extradition treaty;
consequently the arrest was Illegal and
the accused must be set at liberty.
Not Part Of the treaty.
After citing AUTHORITIES in support OF his
decision Judge caron concluded as follows:
Considering that the warrant in virtue
taina no date OF the commission OF the
o1ense whereor the petitioners aTs sc
cused; considering that In virtue Of the
treaties Of extradition existing between
Great Britain and the United States, It
is positively provided that these treaties
shall have no. retroactive effect for Of
lenses committed before their passage;
considering that the allegation Of the date
Of the cornmisapn q ahe offense Is IN con-
the commissioner to issue a warrant OF ar
rest; considering furthermore that IL is not
ssllegeS IN the warrant that the offsnss
able Sl By Il the 'i Jaw" Of BBoott%SS ' cOuntriss,p (Which which
IL & condition required b. the last para
graph OF the hrst article Of the treaty, Of
dictmenfs and true bhis. etc. produced for
the onshse OF which the petitioners are
charged and for which they would have 20
within the terms OF the treaties Of extra
dillon between Great. Britain and the
m mnitlsssSS i bv he anu rrs s.sespse t no oH re.eh com Sbav
could be extradited under the said treaties;
considering IN consequence that the war
in his above stated capacity IL null and IL
legal and could not warrant the arrest OF
the petitioner, the court rejects the said
motion OF the United States intervening
party, to quash. the said writs OF habeaB
corpus addressed to me on June a, last, to
the said O.. A. Valee, doth declare the ar
rest and detention of the said petitions
illegal and doth annul and set aside the
said warrant 0f arrest.
II Is ordered that the petitioners be
liberated and discharged from the custody
OF G. A Vaiee, jailer OF Montreal, and
Of Charles Langeiier, sheriff OF Quebec,
who have present custody OF them. and
this order will be the warrant of the said
g. A. Valee and the said Charles Lanelier
the prisoners. W