File No. 212.11G16/9.

Ambassador Wilson to the Secretary of State.

No. 86.]

Sir: Referring to the department’s telegraphic instruction, June 1, of the 1st instant, I have the honor to inclose, for the department’s information, copy and translation of a note from the foreign office of yesterday, and copy of my reply thereto of to-day, with regard to the provisional detention of Leodoro Garcia, charged with assault with intent to commit murder.

I have, etc.,

Henry Lane Wilson.
[Inclosure 1—Translation.]

The Minister for Foreign Affairs to Ambassador Wilson.

No. 31003.]

Mr. Ambassador: I have received your excellency’s note, dated the 4th instant, in which with reference to a previous note, dated April 15, you are pleased to advise me that the crime for which Heliodoro Garcia has been accused in California is assault with intent to commit murder, but not for murder, for which his provisional arrest was requested.

In reply, I have the honor to advise your excellency that as the 40 days established by the treaty in force, counting from the date of the provisional arrest of the fugitive, have expired, without the extradition documents having been presented, this department finds itself obliged to place the fugitive referred to at liberty, in compliance with Article X of the same treaty.

I avail, etc.,

Enrique Creel.
[Inclosure 2.]

Ambassador Wilson to the Minister for Foreign Affairs.

Mr. Minister: I have the honor to acknowledge the receipt of your excellency’s note, No. 31003, of yesterday, wherein you advise me than the 40 days of provisional detention under which Heliodoro Garcia was held on the charge of murder having expired, your excellency’s government has deemed it necessary to place the fugitive at liberty.

As your excellency will note from a reference to my communication of the 4th instant,1 the provisional detention of Garcia was requested on the charge of assault with intent to commit murder, and I have the honor to request that your excellency advise me whether his apprehension on this charge can be effected.

As your excellency will note from a reference to the embassy’s No. 670, of April 17, 1909,2 the American Government holds that a man may be rearrested and held until the case may be acted upon by the proper judicial authorities, and attention was called to the fact that rearrests have been made in cases where the Mexican Government has failed to get the papers into the hands of the Washington Government [Page 725] within the limits of the 40-day period. This was in connection with the extradition of Juan de Dios Rodriguez, charged with murder. Notwithstanding that the formal proofs were not presented until 27 days after the prescribed period had elapsed, your excellency’s Government, in accordance with the representations made by my Government, ordered an extension of the detention period, and granted the extradition of Rodriguez; and Mr. Mariscal, in his note of April 12, 1909, acquiesced in the policy of the United States in the following words [translation]:

In accordance with my note, dated the 11th of last February, the period of time for the detention of the fugitive, according to Article X of the treaty, expired on the 5th of last March; but as a favor, to the Government of the United States, and to the worthy personal representation made by your excellency, the same shall be admitted and shall be sent to the district judge in due time, feeling certain that the Government represented by your excellency will grant to the Government of Mexico reciprocity in any similar case.

In view of the above, I have the honor to request the provisional arrest and detention of Heliodoro Garcia on the charge of assault with intent to commit murder.

I avail, etc.,

Henry Lane Wilson.