Daily Kennebec journal., 1902-08-14
AGAIN AT LIBERTY.
The Quebec Court Sets Greene
and Gaynor Free.
Judge Caron Finds Discrepancies Of
All Kinds in Charges.
No Apparent Disposition to Aid United
States in Matter.


I the superior court, today, released
/ Captain Greene and Col. Gaynor. the
| American contractors, who are wanted
in the United States for alleged frauds
against the Federal government in
volving hundreds of thousands of dol
largs.
Judge Caron based his decision in
the case upon the absence of dates on
the warrants under which the prisoners
were first arrested in Quebec, dis
crepances in the charges on which the
bills We're obtained against the prison.
ers in the United States. and dis
crepances between those changes and
for extradition.
The prisoners were at once released
and received the congratulations of
their friends and the court adjourned.
Mr.. McMaster, counsel for the United
States government, was asked whether
the prosecution intended to take any
further action looking to the eXtradi-
ton of Col. Gaynor and Captain
Greene. Mr.. McMaster replied that he
was unable to speak positively on the
subject until after the conference with
Messrs. Irwin and Stewart, which is
proceeding, this afternoon, at the
Chateau F'rontenac.
There was a large attendance of both
! legal luTninaries and spectators when
| when Judge Caron gave his decision
Mrs. Gaynor, accompanied by a mum
| her Of ladies, was present during the
delivery of the judgment. Gaynor and
| Greene came into court with Sheriff
| Langelier.
| Judge Caron assembled the bench al
| 1890 and began the reading of the very
lengthy notes preceding his Judgment
| The Judge referred to the case as Oi
great Importance, is only by reason OF
the unusual proceeding employed and
| went on to say that he would only re-
view his last two writs. He then read
| the petitions of the prisoners for Writs
t of habeas corpus upon which the writ
! was issued, in virtue of which the
| prisoners were taken out of the hands
| of JaiIer Nalee of Montreal. as we'll as
| the answer thereto and the writ itself
| The events Immediately preceding the
issue of the Writs he also reviewed and
went on to concur in Judge Andrews
! opinion in regard to the sensational
! manner in which the prisoners arrest
WAS made here.
With regard to the attacks made
upon himself. he was sure that the
American government authorities and
their agents could have have had nc
hand III them. The notice Of the Amer
lean governments lawyers to Jailer
| Valee to attend to delivery of Judge
Andrews judgment was then quoted
and Valee's compliance therein noted
i That judgment ipso facto dispossessed
Judge Andrews of the prisoners and
under the circumstances he Judge Ca
ROM was quite justified in his subse-
quent issue of writ of habeas corpus
addressed to Jailer Valee after he had
lowing Judge Andrews pronounce
ment.
Judge Caron next quoted authority
| for his issue of writ of certiorari in
his previous Judgment and showed that
the writ of habeas corpus nevertheless
remained in force even without the ex-
tradition commissioner having pro-
nounced upon the case. for the prisoner
| has always a right to question the jus
tice or his being deprived Of his liberty
American courts had taken a similar
view in the case Of a forger who was
! Il fugitive from Quebec province
| His honor pressed the opinion that
Judge Andrews judgment quashing his
own writ Of habeas corpus did not de
eide the merits of the case and not
| Withstanding the pretensions of law
yers for the prosecution to the con-
| trary, his writ in no way conffic+a
| with Judge Andrews Judgment for a
| prisoner may always renew his appli-
cation providing that some new facts
are stated, as had been done in the
present. case. One Of these referred I'd
the absence in the warrants of the
dates at which the offence was alleged
| 20 nave been committed, and the other
| an objection of the validity of the
/ charge of conspiracy to defraud under
| the eXtradition treaty. To make the
warrant valid the date of the offence
II committed, must be inserted in If N
prove the commissioners Jurisdiction
! Moreover. the exact crime with which
/ the prisoners are charged and the pro-
ceedIngs to be taken against them
they have right to know.
! In the Emo case the offence with
which the prisoner was charged in tna
eNtradftion proceedings and made eIea
Where, did not agree In the nrasa,+ =
| case there was distinct discrepancy
between the charges upon which ,ha
various true bills against the prisoners
were obtained in the United States and
between them and that made in the an
plication for extradition. This. as wall
as the absence of dates in the warrant
ne held to be distinctly fatal to the LAT
ter and he. therefore. upheld the pris-
ohers claims and their objections IA
the warrants. maintained the writ of
haDeas corpus and ordered the release