The Acting Secretary of
State to the British
Ambassador.
Department of State,
Washington, September 24,
1906.
No. 530.]
Excellency: Referring to your note. No. 173, of
the 11th instant, in relation to the case of Arthur McIntire, extradited
from England on a charge of embezzlement in St. Louis, Mo., I have the
honor to
[Page 791]
inclose herewith a
copy of a letter from the Acting Attorney-General, in which he states
that while McIntire was committed to prison upon his arrival at St.
Louis for a crime other than that for which he had been extradited, no
advantage was taken of him, he being cautioned by the United States
attorney that the offense of which he had been convicted was not
extraditable, and that he was at liberty to return to London. Of this
privilege he did not desire to avail himself.
I have the further honor to return to your excellency herewith the
original documents in the extradition proceedings.
I have, etc.,
[Inclosure.]
The Acting
Attorney-General to the Secretary
of State.
Department of Justice,
Washington, September 20,
1906.
Sir: I have the honor to acknowledge the
receipt of your letter of the 15th instant, inclosing for such
action as the Attorney-General may deem proper a copy of a note from
the British ambassador in which he calls attention to the assurance
given by the assistant circuit attorney of St. Louis, in the case of
Arthur F. McIntire, that the return of the accused to this country
was sought for the sole purpose of prosecuting him upon the charge
of embezzlement and not to serve any other private end, nor to
detain or prosecute him for any other offense whatsoever. The
ambassador invites this Government to consider whether action of a
disciplinary nature should be taken in regard to the matter.
McIntire was charged by the authorities of the State of Missouri with
having committed the offense of embezzlement. The extradition
proceedings prosecuted in behalf of the state government resulted in
the surrender of the accused by the Government of Great Britain,
where he had sought an asylum. Shortly after his arrival in St.
Louis, Mo., McIntire was committed to prison to serve the sentence
imposed by the United States court for the eastern district of
Missouri, upon a charge different from that for which he was
extradited. It appears, however, that in this respect no advantage
was taken of McIntire. He was cautioned by the United States
attorney that the offense of which he had been convicted in the
United States court was not extraditable and that, so far as the
United States was concerned, he was at liberty to return to London
If he so desired. McIntire replied that he was tired of being a
fugitive and wished to serve the sentence imposed by the United
States court. The fact that he was a citizen of the United States
probably accounted for McIntire’s determination to surrender
himself. In this connection I have the honor to invite your
attention to the letter of the United States attorney at St. Louis
of June 11, 1906, copy of which was transmitted to you June 13,
1906.
In view of the precaution taken by the United States attorney, and of
the voluntary surrender of McIntire, and of the further fact that
the extradition proceedings were instituted by and in behalf of the
State and not the Federal Government, I do not see that this
department is in a position to take the action suggested by the
British ambassador.
Very respectfully,