The times. [volume] (Richmond, Va.) 1890-1903, 1902-07-19
SLOW Acting IN
NOR-G / CASE ST.
MT. Erwin Charged With Offering
to Settle on Money Basis.
ALLEGATIONS DENIED IN TOTO
ALLEGATIONS DENIED IN TOTO
Day Spent Principally in Fling Of Aft
/. davits and Contra Affdavits in Re-
gard to Alleged Conversation
Between Greene and Erwin.
By Associated Press. }

(By Associated Press.)
QUEBEC, QUE July 1S.-To-day's pro-
ceedings in the Gaynor- Greene case con-
sisted principally in the filing of aftida-
Wits and contra affidavits, and It was
only a short time before the adjournment
Of the court that Mr.. NcMaster, for the
prosecution, commenced his argument
on his motions to quash the habeas cor
pus writs issued by Judge Caron on June
2Oth and 21st last.
The proceedings were opened by Mr..
Taschereau, counsel for the prisoners,
who produced afidavits of Benjamin D.
Greene that on May II Mr.. Erwin
called on him at the Windsor Hotel, Mon
treal. when Erwin said to Green: If you
pay 100000 to settle the whole matter
l will go at once to Washington and adj
wise its acceptance" Green replied that
he could not stand that because he had
not money enough to pay his half of the
amount but that Erwin, said ''Gaynor
has enough, L don't know where it is,
but he has It," To this Green said IF
you will say $500, I will talk with
Col. Gaynor about it, Erwin replied, the
affidavit continued: That will not be
enough.
Greene the nadded: What do you think
+ of $500, OOO?' He said: II don't thing that
is enough. but if you don't want to go
through the rest of your life hunted
wherever you go, and you must remem-
Der that If you are extradited and are
in Georgia, it will be too late to make a
settlement" Green finally. replied: We'll,
anyway don't see how. we can pay any
money, because that would be an adj
mission on our part that we have re-
ceived money wrongfully; that we have
not done"
NEVER TO GO. TO JAIL.
The affidavit continued. in substance: II
called his attention to the fact that he
ard Gaynor mad already forfeited bonds
in the sum q $4,000 each. He replied
that he had left the United States because
he had resolved never to be put in Jail
as convict; that he had come to Canada
with the expectation that after year
or two his friends in the United States
could as..oct a settlement of the civil
claims of the government against him.
ard then he could probably, obtain a dis
missal of the criminal prosecution. He
said that he had not given his personal
wcrd that he would not run off from the
prosecution in Georgia, but he would
pledge me his word Of honor that II l
would agree to his giving bond before
Fe then referred to the fact that the gov
ernment had already tied up by civil pro-
ceedings Half a million dollars OF assets
of what the government claimed was O.
NJ. Carriers share in the fraud. and asked
me what was the exact amount the gov
eminent claimed that he and John f.
Gaynor had received as their share. re-
pied that we claimed that he and Gayncr
had received s1,400.CoO as eIleir shares in
the fraud. He replied that he was in no
position. and had not sufficient means to
meet such a claim. and that he and Cay
nor would be willing to pay the govern
ment $500, 600 in settlement of the entire.
litiga ton, to include the $4,000 claimed; on
forfeited recognizances.
DENIED ALLEGATIONS.
Greene swore that this talk Of a settle-
ment for 100000. referred to the criminal
proceedings against. and not to any civil
claim. This affidavit was supported by
another from Mrs.-J. F. Gaynor
Mr. McNIaster read an affidavit, signed
by Marion Erwin, completely denying the
allegations contained in the affidavits of
Mr.. Greene and Mrs Gaynor. Regard
ing the interview between Mr.
Greene and himself Mr.. Ewin
stated that on his return to his
room in the Windsor. on the after
noon of May 18th. he found note there
in which he recognized the handwriting
of B. D. Greene, which note was as
follws: IF you can call to see me at
any time to-day. you will do me great
favor"
The original of this note is In the pos
session Of Mr.. Erwin, and was shown
to Judge Caron.
In response to that request he went
to Greene's room. and the latter opened
the conversation by saying that while he
two
him vigorously for over two years. he
wanted to thank him for having
always treated him with personal consid-
era ton. He then said If the eNtradition
proceedings a Montreal proceeded for any
length of time, it was probable he might
desire to give bond.
NO LAW FOR IT.
I said that I knew of no law for set
Ting the criminal case, but that II he
made restriction of the governments &C
tual loss. 1 did not know what view of
leniency might be taken by the govern
ment; I had no authority in the matter,
and that the amount he offered in settle
ment of the governments civil claim was
not sufficiently large for me to recon-
mend it to the Attorney-General."
The other affidavits practically contain
the same statement as that mentioned
last week in Mr.. Erwin's reply to Mr..
lTaschereau's statement.
Mr.. NIcMaster also produced aftidavits
from Detectives O'Keefe and Sloan, OF
Montreal, who swear that when the in
terview took place between Erwin and
Greene. only these two were in the room.
Mr.. McMaster remarked that these affl-
davits were filed to contradict utterances
made by Mr.. Taschereau on July 18th.
Mr.. McNIaster then filed a new power of
attorney, signed by Acknowledgement
Knox on July 18th.
The question of affidavits was then
dropped, and McMaster began his argu-
ment upon his motion to quash the writs