Omaha daily bee., 1902-07-10
TAKES ON DIPLOMATIC PHASE
Secretary bay Interested in GaynOr and
Greene Extraditisn Case,
COMMUNICATES WITH BRITISH EMBASSY
Attention OF English Government Il
Called TO Acts of Canadian Au-
thOrIties in Connection with
Alleged Criminals.

case OF benjamin IL, Greene ana JOnn r.
Gaynor, whose removal from Canada to the
state OF Georgia for trial on charges Of
Incorporating and embezzling over
1900, 900 in connection with river and
harbor improvements at Savannah, Ga,
has been sought for some time in the
United States, will take on a new diplo-
matte phase in a few days when Secretary
Hay communicates to the British govern
men statements OF officers Of the State
department, alleging that the Canadian au-
thorities are pursuing an extraordinary and
unwarranted course in the case.
The delays and embarrassments In the
extradltion proceedings resulted in Mr..
Marion Erwin, special assistant to the at
torney general, who has been In active
charge Of the exhibition proceedings for
the United States transmitting to the at
torney general under date of Montreal,
July 7, . special report on the case in
which he calls attention to the fact that
the legal representatives Of Messrs. Greene
and oaynor are closely connected through
professional and family ties with the Can
adian oflciAls whom this government must
look to for e1traditiOn Of the men whose
custody It seeks.
Mr.. Erwin, In his report, says that as
the fugitives had employed as their counsel
the firms OF lawyers to which belonged
the highest oflcials Of the provincial and
Dominion governments, he was preculded
by the position taken by them from con-
ferring with the law officers Of the crown.
He therefore retained two attorneys Of
Montreal and the Canadian bar, who had
ably assisted him.
Recites Extradition Laws.
Continuing, the report recltes the ex-
fradttion Ia ua ~ Canada aa annlyin0 10
the offense charged against Greene and
Gaynor and details the proceedings insti-
tuted to effect their sxtradition. Every
stsp Of the proceedings. the report says,
was in accordance with the Canadian law
and the extradition treaty between the
United States and Great Britain. Refer
ence is then made to the issuance by Judge
Andrews Of Quebec of writs Of habeas
corpus which we're served at night upon
the jailer at 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
the attorneys representing the United
States In the proceedings the Montreal
gaoler. who holds his appointment under
the provincial authorities. within a few
minutes after service Of the writs upon him
4 COhNCGC0 u AAoOhSA ~ ~ n
back to Quebec.
I'm view Of the fact that there were
other judges at Montreal exercising habeas
corpus powers and in such cases the Cana
dian laws gave q Judge in the district
Of Quebec no authority to bring a prisoner
from Montreal on hAbeas corpus inquiry
It IL not believed that the gaoler at Mon
trea1 would have adopted SO extraordinary
q course without notice to the parties In
interest, except under high oficial pres
sure. The attorneys at that time appearing
In the proceedings for the fugitives and
moving to have that done, embraced among
6thers the Arm Of Fitzpatrick, Parent,
Tadhereau, Roy and Cannon, Of which
firm Hon. Charles Fitzpatrick, minister
Of justice for the Dominion OF Canada, is
q member.
"of which Arm Hon. s. N. Parent. prime
minister OF the province OF Quebec is a
member.
"of which firm Mr.. Cannon, son of the
deputy attorney general for the province of
Quebec is a member.
ALSO Mr.. Honore Gervais. law partner
Of Hon. Mr.. A~rchambault, attorney gen.
eral for the province of Quebec.
also Mr.. Chauveau, son Of the extra
dltion commissioner at Quebec"
Reviews Motion of Counsel.
The report next reviews the motion of
| counsel for the United States to quash the
writs of habeas corpus and remand the
| prisoners In order that the extradition
hearing might proceed and the fact that
| the evening before Justice Andrews was
to render his opinion the prisoners at
tempted to prop that proceeding on a
| claim that II was illegal and through their
counsel, Messrs. Fitzpatrick, Parent. Roy
and Cannon" have other 'writs OF habeas
corpus issued to come before Justice Ca
ron, a Judge with concurrent jurisdiction,
with Justice Andrews on the ground that
their custody by the sherif at Quebec was
illegal. Attention is then directed to the
fact that Justice Andrews in denying the
prisoners claim that the FIRST writs OF
habeas corpus were illegal said that It
was not for the persons who induced him
to issue the writs of habeas corpus to
claim that they were illegal and avail
themselves OF such a means of escape.
The report said that under Canadian law
a second writ OF habeas corpus cannot issue
except on new facts" the prisoners coun-
sci, on petition alleging only the same
facts, caused other writs to be Issued by
Justice Caron.
The gaoler in making his returns to these
wrlts refused, ION request Of counsel for
the United States. to attach copies or send
out in his return the substance Of the docu-
ments under which he held the prisoners"
"f the gaoler had been acting under the
advice Of onhcers of the crown" adds the
report, free from the entangling relations
Of counsel for the fugitiyes, It is Incredible
that in a country which shares with US
the high standards of Justice and fairness,
| which Is our common heritage, a gaoler
could have wilfulIy withheld the documents
Of his authority to the prejudice Of a party
to the litigation"
Causes United states Trouble.
Counsel for the United States, by reason
Of the g~aoler's defective return. were COM
PEELED to move to amend 1t by annexing
copies Of the documents under which they
we're held, and the defective returns were
made the basis OF a motion before Justice
/ Caron for a writ Of certiorari nv the pris-