The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-07-19
The Filing Of Affidavits and Counter
Affidavits,
THE CHARGE AGAINST ERWIN REPEATED
Greene Ayers That Erwin Told Him the Case
Might be Settled by Greene's Raging
$500, 900. This Allegation
Erwin Denies.
(By the Associated Press.)

Quebec. Que, July 1S.-Today's pro-
ceedings in the Gaynor-Greene case con-
sisted principally in the filling of affi-
davits and counter -affidavits, and it was
only short time before the adjourn
ment of the court that Mr.. McMaster, for
the prosecution, commenced his argu-
ment on his motion to quash the habeas
corpus writ used by Judge Caron on June
Goth and 21st last
The proceedings were opened by Mr..
Taschereau, counsel for the prisoners,
who produced affidavits of Benjamin D.
Green, 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 mat
ter, | will go at once to Washington and
advise It's 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. /
don't know where it is, but he has it.
To this Greene said: 'If you will say
5000, 900 l will talk with Col. Gaynor
about it, Erwin replied, the. affidavit
continued: ''That will not be enough"
Greene then added: What do you
think of 100000. He said: 81 don't
think it is enough"
Greene finally replied: well, anyway,
| don't see how we can pay any money.
because that would be an admission on
our part that we have received money
wrongfully; that we have not done.'
Greene swore that this talk of set
tlement for 100000 referred to the
criminal proceedings against them, and
not to any civil claim This affidavit
was supported by another from Mrs. ].
F. Gaynor.
Mr.. McMaster read an affidavit signed
by Marion Erwin, completely denying the
allegations contained in the affidavits of
Mr.. Greene and Mrs. Gaynor. Regarding
the interview between Greene and him
self, Mr.. Erwin stated that on his re-
turn to his room in the Windsor on the
afternoon of May IL he found a note, in
which he recognized the handwriting of
B. G. Greene, which note was as follows:
IF you can cali to see me at any
time today you will do me great
favor.
The original of this note is in the pos
session of Mr. Erwin and was shown to
Judge Caron.
In response to that request he weft to
Greenes room and the latter opened the
conversation by saying that while he
knew Erwin had been prosecuting him
vigorously for over two years. he wanted
to thank him for having always treated
him with personal consideration. He
then said if the extradition proceedings
at Montreal proceeded for any length of
nboh ba ,iuh IN
give bonds.
Erwins affidavit continued in sub
stance:
Il called his attention to the fact that
he and Gaynor had already forfeited
bonds in the sum of $4,000 each. He
replied that he had left the United
States because he had resolved never to
be put in Jail as convict: that he, camc
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 prose-
eution. He said that he had not given
hls personal word that he would not run
on from the prosecution in Georgia, but
ne would pledge me his word of honor
'' II "oulu agree TO his giving bond
oelofe Judge La Fontaine he would not
run Off. He then referred to lthe fact
that the government had already tied
up by civil proceedings half million
dollars of assets of what the Govern :
ment claimed was o. M. Carter,s share
in the fraud. and asked me what was tho
exact amount the Government claimed
that he and John F. Gaynor had re-
ceived as their share. replied that we
claimed that he and Gaynor had received
$1.400,000 as their share. in the fraua
He replied that he was in no position
and had not sufficient means to meet
such a claim, and that he and Gavpor
would be willing to pay the Government
$500, 900 in settlement of the entire lti
cation, to include the $4,000 claimed on
forfeited recognizances which he said
were secured by assets put up by Gaynor
and himself with the sureties, but if he
settled the civil claims it must carry with
1T the dismissal of the criminal pro-
eeedings. l replied that | knew of no
law for settling the criminal case, but
that if he made restitution of the Gov
ernment's actual loss, / did not know
what view of leniency might be taken by
the Government; had no authority in
the matter, and that the amount he