KIDNAPPED AMERICANS.

Otago Daily Times, Issue 13205, 11 February 1905, Page 7

KIDNAPPED AMERICANS.

o THE STORY OF ARRESTS IN CANADA. Press Association-By Toleerapli-Copyright, LONDON, February 9. (Received Feb. 10, at 8.56 a.m.)

The Privy Council, in upholding an appeal from tlie United Stales, reversed tlio decision of Mr Justice Carol), of the Superior Court of Lower Canada, in the Gaynor and Greene case, concerning tho execution by American officials of a Montreal warrant at Quebec.

The case created a good deal of discussion in Canada and the United States, and the Government looked on it as a case of tlio greatest importance, as it concerned the full and effective administration of 1 the extradition treaty.

Gaynor and Greene were indicted for fraud in Southern Georgia, but shifted their residence from New York to Quebec. The American Government applied to the Montreal Extradition Court for the extradition of the men, who were arrested. ■Mr Justice Caron subsequently granted a. writ of habeas corpus, and directed their release.

The sombre panelled chamber at tlio corner of Downing street, where tlio Judicial Committco of tlio Privy Council hold their meetings, has never listened to a nioro romautio story (says the Daily Mail of i'icccmber 17) than that unfolded by Sir Edward Clarke yesterday in the appeal of tlio United States of America v. Gaynor and Greene, from the Supremo Court of Canada,

Messrs Gaynor and Greene are two American citizens, and in 1897 were members of the Atlantic Contracting Company, whieli was carrying out improvement works in Savannah Harbour under contract with the United States Government. Betweon 1899 and 1902 criminal proceedings were pending against them charging them with conspiracy to defraud tlio United Staies Government by presenting false claims in' connection with tlio works at Savannah. Under these circumstances fcliey took up their residence in Quebec, and their Government applied for extradition from tho Canadian Government. Extradition Warrants were" issued by a. Montreal magistrate, though Montreal "and Quebec aro in different judicial districts, and there wcro extradition commissioners in 1 Quebec where tho two Americans were.

Tho arrest took place on May 15, 1902. Mr Gaynor was apprehended at tho Hotel Chateau, Eroiitenac, and was told that ho was to lie taken before a local judgo. Ho was pushed into a cab, and on tho cab starting ho called out' to n friend whom lie saw in the street that ho was kidnappod. The constable put a hand in front of his mouth, and tho cab was driven to tho Richelieu wharf. Mr Greene was-also taken in tho streets at Quebec, and also taken in a cab to tho wharf. They were both pushed on hoard a steam tug, the Spray, to'tako them by water from Quebec to Montreal, so as to prevent- their escape by writs of habeas eprpus issuing from tho Quebec courts pursuing their captors had they taken tfiem by land.

The Spray, reputed the fastest boat on flin St. Lawrence, toro down tlio river and landed the prisoners nt Montreal early next, morning. They were brought before the magistrate, on whoso extradition warrant they had been taken in custody. But meanwhile a Qucbcc judge iind issued a writ of habeas corpus for the production of the two captives—this was done at the instance of the wife of one of them, Mrs Cinynor. This writ was issued on the afternoon of May 15. when the Spray was still in Quebec waters. The high constable of flnebrc proceeded at oncA bv train to Three Rivers, a town half-way between Qucßeo anc) Montreal, and signalled the Spray to stop in the King's name, but the Spray paid no heixl. Eventually, however, writs of habeas cornu= were served at Montreal and obeyed, and the two "kidnanped" Americans were brought back, to Quebec. And after a good deal of legal complieitions Mr Justice Oaron ordered the men to b? set free on--11l absence of the. date of the commission of the orirno in the warrant, of arrest, (2) alienee of an extradition offence.

Tlie TTnited States Government anpealei from this decision to the Privy Council and, as indicated abovo, with success.