Omaha daily bee., 1902-07-19
HEAR eAYNoR-G GREENE CASE
Proceedings Consist Largely I'm Fill
ing of Amdavits and
COntrR-AmdavIts.

QUEBEC, July 1s.-Today's proceedings
In the Gaynor-Greene case consisted prin-
cipally In the fling Of afidav!ts and con-
tra-afidayits. and IL was only a short
time before the adjournment Of the court
that Mr.. Master. for the prosecution, com
menced his argument on his motion to
quash the habeas corpus writs issued by
Judge Caron on June 20 and 21 last.
The proceedings were opened by MIR.
Taschereau, counsel for the prisoners.
who produced aHhdavits 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 $780, 900 to settle the whole
matter, / will go at once to Washington
and advise lts 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 1t is, but he has it." To
which Greene replied: III you will say
$500, 900, l will talk with Colonel Gsynor
about It." Erwin replied, the afldavit
continued; THAT will not be enough"
Greene then added: What do you think
Of 5000, DOOR" 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 II you are extradited and you are In
Georgia 1t will be too late to make a set
Element"
Green finally replied: "well, anyway,
don't see how We can pay any money. be-
cause that would be an admission on our
part that we have received money wrong
fully; that we have not done"
Greene swore that this talk Of settle
ment for $500, 900 referred to the criminal
proceedings against them and not to any
civil claim. This afhdavit was supported
by another from Mrs. J. F. Gaynor.
Mr.. McMaster read an afhdavit, signed
by Marion Erwin, completely denying the
allegations contained in the afidavits OF
Mr.. Greene and Mrs. Gaynor. Regarding
the interview between Greene and himself,
Mr.. Erwin stated that on his return to his
room on the afternoon of May IT he found
a note there, in which he recognized the
handwriting Of B. d. Greene, which note
was as follows:
"If you can call to see me at any time
today you will do me a great favor."
The original Of this note is in the posses
sion Of Mr. Erwin and was shown to Judge
Caron.
In response to that request he had gone
to Greene's room and the latter opened the
conversation by saying that while he knew
that Erwin had been prosecuting him Wig
orously for over two years, he wanted to
thank him for having always treated him
with personal consideration. He then said
that II the e&tradition proceedings at Mon
treal proceeded for any length OF time II
was probable he might desire to give bond.
Erwln's afhdavit continued In substance
81 called his attention to the fact that he
and Gaynor had already forfeited bonds In
the sum Of $500, 900. He replied that he had
left the United States because he had re-
solved never to be put in Jail as a convict;
that he had come to Canada with the ex-
pectation that after "A year or two his
friends in the United States could effect 9
settlement of the civil claims Of the gov
eminent. against him and then he could
probably obtain a dismissal Of the crimina
prosecution. He said that he had moi
given. his personal word that he would no
run of from the prosecution in Georgia
but he, would pledge me his word of homo
that II I would. agree to his giving bond
before, Judge La Fontpine he would not rur
off. He then referred to tho fact that the
government had already tied up by civil
proceedings half, a million dollars of asset!
Of what the. government claimed was o. M
C~arter's share in the fraud and asked mi
what was the exact amount the government
claimed that he and John F. Gaynor had re-
ceiyed as their share. / replied that W,
claimed that he and Gaynor had received
81, 100000 as their shares in the fraud. HI
replied that he was in no position and haC
not sufficient means to meet such a claim
but that he and Gaynor would be willing Il
pay the government $500, 900 in settlement
Of the entire litigation, to include thu
$50. 900 claimed on forfeited recognizance.'