The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-07-19
Amdavits and Counter-AHdavits Read
in Canadian Court at the Habeas'
Corpus Case Hearing.
CHARGES BY MR.. GREENE
WHO SAYS THE GOVERNMENT At
TORNEY ASKED S5OO,OOO,
And Promised to Advise the Washing
Amount as Full Settlement.

QUEBEC, July 1S.-To-day's proceedings
in the Gaynor-Greene case consisted prin-
cipally in the filing of affidavits and counter
affidavits and it was only a short time be-
fore the adjournment of the court that
Mr.. McMaster, for the prosecution, CON-
menced his argument on his motions to
cuash the habeas corpus writs issued by
Judge Caron on June 20 and q last. The
proceedings were opened by Mr.. Tasch-
'erau, counsel for the prisoners, who pro-
duced affidavits of Benjamin Greene TO
the effect that on May II Mr.. Erwin called
on him at the Windsor Hotel, Montreal.
when Erwin said to Greene: IF you will
pay 100000 to settle the whole matter
will go at once to Washington aud 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 said: "Gaynor has enough. L don't
know where it is, but he has IT." To this
Greene said IF you will say 100000
will talk with Colonel Gaynor about it"
Erwin replied, the affidavit continued
THAT will not be enough" Greene then
added: What do you think Of $500, 0O0?'
He said: II 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 if you are extra
Gited and are in Georgia it will be too late
TO make settlement"
Greene finally replied: well, anyway,
1 don't see how we can pay any money,
because that would he an admission on our
part that we have received money wrong
fully; that we have not DONE"
Greene swore that this talk of a settle
ment for 100000 referred to the criminal
proceedings against them and not to any
civil action. This affidavit was supported
by another from Mr.. J. F. Gaynor.
Mr.. McMaster read an affidavit signed
by Marion Erwin, completely denying the
allegations contained in the affidavits CT
Mr.. Greene and Mr.. Gaynor Regarding
the interview between Greene and himself.
Mr.. Erwin stated that on his return to his
room on the afternoon of May II he found
note in which he recognized the hand
writing of B. ID. Greene, which note was
as follows IF you can call to see me AZ
any time to-day you will do me a great
favor" The original of this note is in the
possession of Mr.. Erwin and was shown
TO Judge Caron. In response TO that re-
quest he had gone to Greenes room and
the latter opened the conversation by say
ing that while he knew that Erwin had been
prosecuting him vigorously for over two
years, he wanted to thank him for having
always treated him with personal copsid-
GRAFTON. He then said If the extradition
proceedings at Montreal proceeded for any
length of time it was probable he might
Ervin's affidavit continued in substance
Il called his attention TO the fact that
he and Gaynor had already forfeited bonds
in the sum of 100000 each. He replied
that he had left the United States because
he had resolved never to be put in Jail as
a 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 government against him and then he
could probably obtain a dismissal of the
criminal proceedings. He said that he had
not given his personal word that he would
not run off from the prosecution in Geor-
gia but he would pledge me his word OF
honor that if would agree to his giving
bond before Judge La Fontalne he would
not run off. He then referred 10 he fact
that the government had already lied UP
by civil proceedings 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
government claimed that he and John F.
Gaynor had received as their share ] re-
piled that we claimed that he and Gaynof
had received $4,000 their shares In
the fraud. He replied that he was in nc
position and had not sufficient means t.
meet such a claim, but that he and GaynoI
would be willing to pay the government
$4,000 in settlement of the entire litigation
to include the $50 900 claimed on forfeited
recognizances, which, he said, were Sc
cured by assets put up by Gaynor and
himself with the sureties. but that if he
settled the civil claims it must carry with
il the dismissal of the criminal proceed
ings. l replied that l knew of no law for
settling the criminal case but if he made
restitution of the governments actual loss
/ did not know what view of leniency
might be taken by the government; that
had no authority in the matter and that
the amount he offered in settlement of the
governments civil claims was not suf1l-
GENTLY large for me to recommend to the
attorney general"
the same statement as that mentioned last
week in Mr. Ervin's reply to Mr.. Tasch-
ereau's statement. Mr.. McMaster also pro-
duced affidavits from Detectives O'Keefe
and Sloan, of Montreal, who swore that
when the interview took place between
Erwin and Greene only these two were in
the room. Mr.. McMaster, in conclusion
remarked that these affidavits were filed tc
contradict utterances made by Mr.. Tasch-
a new power of attorney signed by Attor-
new General Knox on July II.
The question of affidavits was Their
dropped and Mr.. McMaster began his ar
gument on his motion 10 quash the writs
of habeas corpus.
Mr. McMaster in continuing his argu.
ment cited numerous authorities in sup
port of his motion to quash the writs. He
suggested an adjournment until Tuesday
next but Mr. Stuart. Of counsel for the
United States, objected, as he was ready tC
continue. There are stiil five addresses &c
be made.