Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-07-10
TO APPEAL TO ENGLAND
EXTRACTION CASE OF GAYNoR
AND GREENE.
Report Of Marion Erwin Charging
Perversion of Ends of Justice.
by Canadian Officials.

The extradtion case of Benjamin d.
Greene and John F. Gaynor, whose removal
from Canada to the state of Georgia for
| trial on charges of misrepresentation and
embeZziement of over $2,00O,OOO in connec-
ton with river and harbor improvements at
Savannah, Ga. in charge of Capt. Carter
has been sought for some time by the
United States, will take on a diplomatic
phase in few days. when Secretary Hay
communicates to the British government
the view of the officials Of the Department
of Justice of the United States that the
Canadian authorities are pursuing an ex-
traordinary and unwarranted course in the
case. The delays and embarrassments In
the extradition proceedings resulted in Mr..
Marion Erwin, special assistant to the At
torney General, who has been in active
charge of the eXtradition proceedings for
the United States, transmitting to the At
torney General, under date of Montreal,
July Z. special report on the case in
which he calls attention to the fact that
the legal representatives of Greene and
Gaynor are closely connected through pro-
fessional and family ties with the Cana
dian officials to whom this government
must look for extradition of the men whose
custody it seeks. The report says:
The attorneys at that time appearing in
the proceedings for the fugitives and NOV
ing to have that done, embraced, among
Others: The firm of Fitzpatrick, Parent,
Taschereau, Roy and Cannon, of which firm
Charles Fitzpatrick, minister of justice for
the dominion of Canada, is a member; of
which firm Mr.. Cannon, son of the deputy
attorney general for the province Of Que
bee is a member; of which Mr.. s. N Par
ent, prime minister for the province of Que
bee, is a member; also Mr.. Honore Gervais,
law partner of Mr.. Archambauit, attorney
general for the province Of Quebec; also
Mr.. Chauveau, son Of the extradition COM
missioner at Quebec
In conclusion the report says:
1T will thus be that before we can
finally take the prisoners out of Canada
we will have to submit the regularity Of
our proceedings in some very important
government, whose firm was retained in
advance of the extradition proceedings to
resist extradition, and whose powerful
political influence has been felt at every
turn the case has taken
eff this state Of affairs Is to continue
without protest the part of our govern
ment we had just as we'll understand in ad-
vance that extradition of criminals from
Canada under our treaty does not apply to
cases where the fugitives have committed
financial crimes of magnitude"
Upon receipt Of this report the acting at
torney general called the matter to the at
tention of the State Department, saying in
his letter of transmittal:
Herewith l have the honor to inclose
communication from Mr.. Marion Erwin,
special assistant to the Attorney General,
tHe uuIy authorized agent VI lHe oHlleu
States, who has been in charge of the pro-
ceedings instituted in Canada for the ex
tradition of Benjamin D. Greene and John
F. Gaynor.
1T has been a matter of great surprise
to this department that such a state Of af
fairs as that reported could exist in any
country controlled by British sentiment
and laws, and l pectfully request that
the facts be laid before the representatives
of his Britannia majesty, in order that the
matter may be dealt with in accordance
with the high standards of British justice"
1t is understood that the Secretary of
State will bring the matter to the attention
of the British embassy at once