The daily morning journal and courier., 1902-08-14
GAYNOR AND GREENE
WON IN THEIR EXTRADITION FIGHT IN THE QUEBEC COURT.
They Are Wanted in the Unitcd States : for Alleged Frauds in HarbOr Work Amounting to Millions of Dollars They Were Set Free by Decision of Judge Caron and " ere Congratulated by Their Friends Present.

by Their Friends Present.
 Quebec, Aug. 13-Colonel John F. Gaynor and Captain Benjamin D. Greene scored a decisive victory to-day in their fight against extradition to the United States, where they are wanted in connection with alleged frauds in harbor work for the federal government involving millions of dollars. Judge Caron in the superior court discharged the prisoners from the cushody of Sher- ifs Langelies of Quebec and Valee of Montreal in whose custody they have been since their sensational arrest in Quebec last May. A large number of the prisoners friends were in the court room and they heartily congratulated the two men upon their release. Col. Gaynor and Captain Greene left the court room soon after Judge Carond had concluded and proceeded to the Chateau Frontenac. Colonel Gaynor, who is suffering from tism, re- tired to his room.
 It is understood that the United States government will institute new proceedings for the extradition of Greene and Gaynor, but up to a late hour no step had been taken by coun- sel representing the Washington au- thorities.
 Judge Caron, who spoke in French, occupied about two hour in delivering his judgment In reviewing the legal proceedings since the arrest of the two prisoners, Judge Caron pointed out that their counsel had said that the war rant issued by Magistrate Lafontaine was illegal on the ground that it did not contain the date nor the year in which the alleged offense had been com- mitted by the accused, an important point. He could not presume when the offense was committed and it may have been previous to the signing of the treaty between the United States and Great Britain and if so the accused could not be held as the treaties had no retroactive effect.
 According to deposition made in Montreal by MT. Erwin, counsel for the United States in May lost, continued Judge Caron, the accused were charged with fraud committed on or about Jan- uary 1, 1897. That crime was not in- cluded in the treaties and that of re- ceiving money under false pretenses was only included in the treaty of 1900. This was fatal to the prosecution and the warrant issued by Judge Lafon- taine was defective as the offense in- cluded therein did not fall under the ex- tradition treaty, consequently the arrest was illegal and the accused must be set at liberty. After citing authorities ir support of his decision Judge Caror concluded as follows:
 Considering that the warrant in vir- tue of which the petitioners are detain- ed contains no date of the commissir of the offense whereof the petitioners are accused; considering that in virtue of the treaties of extradition existing be. tween Great Britain and the United States, it is positively provided tha' these treaties shall have no retroactive effect for offenses committed before their passage; considering that the al legation of the date of the commission of the offense is in consequence essen tial to give jurisdiction of the commis
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