Page:The Green Bag (1889–1914), Volume 17.pdf/683

 THE GREEN BAG

THE EXTRADITION OF GAYNOR AND GREENE BY WILLIAM LAMBERT BARNARD JOHN F. GAYNOR and Benjamin D. and Mr. Justice Andrews, of the Superior Greene were indicted at Savannah, Geor Court for the Province of Quebec, had gia, for conspiracy with Oberlin M. Carter, issued a writ of habeas corpus directed to while a captain in the United States Army, Constable Carpenter who made the arrest. to defraud the government in contracts for This was served on him at 9.30 A.M. and was harbor improvements. After a protracted returnable at Quebec. Mr. Carpenter did fight in the federal courts against extradi not obey the writ. On May 17 a motion tion from New York to Georgia, they were that he be adjudged in contempt was filed arraigned at Savannah. But before their with Judge Andrews. On Sunday, the 18th, case was reached for trial they fled to the prisoners' counsel applied to the com Canada, arriving in Quebec in March, 1902. missioner to place Messrs. Gaynor and In May, an application for the surrender Greene in the custody of the Montreal of the fugitives was made to Extradition gaoler, which he refused to do, and on the i gth, the commissioner decided that the Commissioner Lafontaine, sitting at Mon prisoners should be held for a hearing. He treal. The complaint charged Messrs. Gay nor and Greene with having participated accordingly committed them to jail in the in fraud and embezzlement committed by custody of Sheriff Vallée, with an order that Carter by conspiring, counseling, etc., with the sheriff bring them before him for hear Carter to commit such fraud and embezzle ing of May 27. The same day that Judge Lafontaine ment and receiving the money so obtained from the Government. Acting on this com made this last order of remand and com plaint the commissioner issued, on May mittal, Judge Andrews issued a writ of 14, a warrant for the arrest of the fugitives habeas corpus directed to the sheriff. Peti and their return before him. This warrant tions were presented to Judge Andrews for was served in Quebec the following day and the issue of writs of certiorari to the com the two prisoners were immediately placed missioner, directing him to transmit to upon a tug, already chartered for the pur Judge Andrews the information, process, pose, and rushed up the river to Montreal. evidence, minutes of adjudication, etc., in This episode was sensational in the extreme, connection with the charges against the pursuit being given by other officers with prisoners. The sheriff duly responded to a writ of habeas corpus, service of which, writ of habeas corpus but the commissioner however, the arresting officers managed to did not appear or show cause against the elude until after they had taken their petitions for certiorari, but counsel for the prisoners before the commissioner. This United States did so. On the twenty-first day of June, Judge was early in the morning of May 16, and Judge Lafontaine issued an order of remand Andrews gave his decisions on these two and committal to Silas H. Carpenter and matters, as well as that on the contempt two other peace officers, directing them to proceeding, in which a rule nisi was granted hold Messrs. Gaynor and Greene and bring May 20. In the meantime, however, the them before him again upon the igth. This petitioners had attempted a shrewd move order of committal was partially in accor by formally waiving or withdrawing their dance with the desires of the prisoners, who writs issued by Judge Andrews. This was preferred confinement at the Windsor Hotel on June 20 and application was thereupon to the hospitality of the sheriff at the jail. made to Mr. Justice Carón, an associate of In the meantime counsel had been busy Judge Andrews on the Superior Court bench,