The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-08-13
TURNED LOOSE.
GaynOr and Greene Are Ordered
Released From Custody
By Judge Caron of the Dominion
Court
ON HABEAS CORPUS.
Partners Of Captain Oberlin N.
Carter Again Escape.
The Governments Attempt at
ExtraditiOn Has Failed.

Quebec, Aug. 13-Judge Caron today
ordered the release from custody of
Colonel John F. Gaynor and Captain B.
d. Greene, in the now famous extradl-
tiOn case There was a large attend
ance of both legal luminaries and spec
tators. Mrs. Gaynor, accompanied by
number of ladies, was present during
the delivery of the judgment Gaynor
and Greene came into court with Sheriff
Langelier.
Judge Caron ascended the bench at
1890 and began the reading of the very
lengthy notes preceding his judgment.
The Judge referred to the case as of
great Importance, if only by reason of
the unusual proceedings 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
of habeas corpus on which the writ was
issued, in virtue of which the prisoners
were taken out of the hands of Jaller
Vailee of Montreal as well as the arrest
thereto and the writ itself The events
Immediately preceding the issue of
writs, he also reviewed, and went on to
concur in Judge Andrews opinion with
regard to the sensational manner in
which the prisoners arrest was made
here.
With regard to talks made upo.. him
self, he was sure that the American
government authorities and their agents
could have had no hand in them. The
notice of the American governments s
| lawyers to Jailer. Vailee to attend to
delivery of Judge Andrews Judgment,
was then quoted and Vailee's COM
pliance therein noted.
That judgment ipSo facto diSpOSseSsed
Judge Andrews of the prisoners and un-
der the circumstances he Judge Caron)
was quite justified in his subsequent is
sue of writs of habeas corpus addressed
| to Jailer Vailee after he had taken pos
session of the prisoners following Judge
Andrews announcement.
Judge Caron next quoted authority for
3cc,- of xxvvif of .av~fin ri In
previous judgment, and showed thai
| the writ of habeaS corpus nevertheless
| remaining 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 of his being deprived of his liberty.
| American courts had taken a similar
view in the case of a forger who was
| a fugitive from Quebec province.
| His honor expressed 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 lawyers
| for the prosecution to the contrary, his
writ in no way conf1icted with Judge
Andrews judgn ent, for a prisoner may
| always renew his application providing
| that some new facts are stated. as had
| been done in the present case. One of
! these referred to the absence in the
| warrants of the dates at which the
offense was alleged to have been COM
mitted, and the other an objection of
] the validity of the charge of conspiracy
| to defraud under the extradition treaty
| y 0 make the warrant valid the date of
| the olfe ense if committed must be in
| serted in it to prove the commissioners S
| jurisdiction. Moreover, the exact crime
| with which the prisoners are charged
and the proceedings to be taken against
| them they have a right to know.
| In the Emo case the offense with
which the prisoner was charged in the
extradition proceedings and that made
| elsewhere did not agree. In the pres
| ent case there was a distinct discrep-
| ancy between the charges upon which
| the various true bills against the pris-
| oners were obtained in the United
| States and between them that madA
j application for extradition. This, as
well as the absence of dates in the war
rant. he held to be distinctly fatal to
! the latter, and he therefore upheld the
| prisoners claims and their objections
to the warrants, maintained the writ of
habeas corpus, and ordered the release
! of the prisoners