Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-07-10
NO MORE POOLING.
Gaynor and Greene Case As
sumes Diplomatic Phase.
Complaint of Canada's Delay to Be
Made to England.
Extraordinary Proceedings on Part Of
Canadian Officials.

w WISHING lOll, July J.-Ine eXtraQltlOf
case of Messrs. Benz. d. Greene ant
John f. Gaynor, whose removal from
Canada TO the state of Georgia fol-
trial on charges of misapprOpriatine
and embezzlement of over 81, coo, 900 il
connection with river and harbor i'm
provements at Savannah, Ga, has
been sought for some time by the
United States, win take on a diplomatic
phase in a few days when Sec. Hay
communicates to the British govern
ment the view of the officials of ouI
department of Justice that the Cana
dian authorities are pursuing an eX-
traordinary and unwarranted course in
the case.
The delays and embarrassm in
the eXtradition proceedings resulted in
Mr.. Marion Erwin, special assistant
to the attorney general, who has been
ceedings Of the United States, trans
hitting to the attorney general under
date of Montreal, July Z, a special re-
port of the case, in which he calls at
tention to the fact that the legal rep
resentatives of Messrs. Greene and
GaynOr are closely connected through
professional and family ties with the
Canadian officials, to whom this gov
eminent must look for eXtradition of
the men whose custody it seeks.
Mr.. Erwin in his report says that
prior to instituting the eXtradition pro-
ceedings he was put on notice that the
fugitives had taken refuge at Quebec,
for the purpose of resisting eXtradi-
ton and that they had employed as
their counsels the firms of lawyers to
which belonged the highest officials of
the provincial ana dominion govern
ment." He says that he was thus
"precluded by the position taken by
them from comforting with the law Of
ficers of the crown" He therefore re-
tanned two attorneys of the Montreal
and Canadian bar, who have ably as
sisted him. s
The report then calls attention to
this provision of the Canadian extra
dition act:
whenever this act applies, judge
may issue his warrant for the appre-
hension of a fugitive on a foreign war
rant of arrest, or an information or
complaint laid before him, and on such
evidence or after such proceedings, as
III Ills ODlllloI NOul'l SuDJtNl W tiiC
provisions of this act, justify the issue
of his warrant if the crime of which
the fugitive is accused or alleged to
have been convicted had been COM
mitted in Canada"
Citation IS made Of the extradition
treaty between the United States and
Great Britain and it is shown that it
provides for cxtraditicn for the offences
of cmbeZZlCment, fraud, receiving
stolen moneys, or goods, or property. or
obtaining the same under false pre-
lenses, or for participation in these
crimes, provided such participation is
by the laws Of both coun-
tries.
Attention is then called to the fact
that Mr.. Erwin made complaint on
oath. May IA. 1902. before the Hon.
Uric Lafontaine, one of the eXtradl
ton commissioners for the province Ut
Quebec, resident at Montreal, who is
given jurisdiction over the whole
province of Quebec, charging MesSrS
Gaynor and Greene with having par
ticfpated in the crimes of fraud. en-
beZZlemcnt and obtaining money I'M
der false prctenses, the complaint set
ting out matters in detail, and that
such participation was punishable by
the laws of both countries.
The report then directs attention to
the entire regularity of the service of
the writs. arrests Of Messrs. Greene
ana Gaynor and their remand for fur
Their investigation.
After this Judge Andrews at Quebec
issued writs Of habeas corpus which
ir,l,t +l,A 1n1n n
Montreal. who held the men under the
extradItion commissioners order for
further proceedings.
ON what followed the report says:
Without notice to the commissioner
or to the attorneys representing the
United States in the proceedings, the
Montreal gaoler. who holds his APP
pointment under the provincial au-
thorities, within few minutes after
service of the writs upon him, con-
yeycd the prisoners by special train
back to Quebec. In the view of the
fact that there We're other judges AZ
Montreal exercising habeas corpus
rovers and in such cases the Canadian
laws give Il judge in the district Of
Quebec no authority to bring a prisoner
from, Montreal on habeas corpus i'll
auirv. it is not believed that the gaoler
at Montreal would have adopted so eX-
traordinary a course without notice
to the parties in interest, except I'M
der high official pressure.
THE attorneys at that time appear
ing in the proceedings for the fugitives
and moving to have that DONE embraced
among Others the firm of Fitzpatrick. Pa
rent. Taschereau. Roy e Cannon-of
which firm the Honorable Charles FitZ-
patrick. minister of justice of the Domin-
ion of Canada. is a member.
.'Of which firm the Hon. s. y. Parent.
nrime minister for the province of Quebec.
is a member.
..Of which firm Mr.. Cannon. a son OF the
deputy attorney general for the province
of Quebec. is a member.
ALSO Mr.. Honore Gervaise. law part
ner Of Hon. Mr.. Archambault, attorney
general for the province of Quebec.
ALSO Mr. Chauveau, son of the extra
Cition commissioner at Quebec.
IF the gaoler had been acting under
the advice OF officers of the CROWN adds
the report free from the entanglng r.
atoms of counsel for the fugtives. ii
is incredible that III a country which
shares with us the nigh standards of jus
tice and fairness which is our common
heritage, gaoler could have wilfully
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