No. 245.
Mr. Hoppin
to Mr. Frelinghuysen.
Legation of
the United States,
London, September 24, 1883.
(Received October 8.)
No. 625.]
Sir: I have the honor to acquaint you that I
received on the 21st instant from the vice-consul-general a note inclosing a
letter from W. H. Russell, the deputy governor in charge of Millbank Prison
in this city, addressed to the “American consul,” to the effect that Michael
or Patrick O’Donnell, a prisoner in the custody of the deputy governor,
under remand from Bow street police court, charged with the murder of J.
Carey, had stated that he was an American citizen and had papers in the
hands of the metropolitan police to prove his citizenship. Mr. Russell added
that O’Donnell was most anxious to have a solicitor appointed to undertake
his defense, and as he (the prisoner) was unable to write he had asked Mr.
Russell to inform the consul of the above and request him to instruct some
one to defend O’Donnell. He further stated that the prisoner had no friends
in England.
The vice-consul-general submitted this letter to me, as presenting a case
whch did not fall within his official duties. I immediately caused inquiries
to be made at Scotland Yard, and the next day, the 22d instant, Inspector
Littlechild called at the legation and placed in my hands a mutilated paper
which had been found upon the prisoner, and which seemed to be an original
certificate from the probate court of Lawrence County, Ohio, at Ironton,
dated November 6, 1876, to the effect that Patrick O’Donnell had been duly
naturalized as a citizen of
[Page 453]
the
United States, Michael McGinley and Hugh Lugan having appeared as witnesses
to his residence and character.
I thereupon addressed a letter to the deputy governor of Millbank Prison,
stating that it appeared by papers in the hands of the police that Patrick
O’Donnell was a citizen of the United States, but that the fact of the
prisoner’s Christian name being uncertain threw some doubt upon his identity
with the person to whom the certificate had been granted.
I added that, supposing the prisoner’s citizenship had been established, I
did not consider it to be the duty of the United States Government under
ordinary circumstances to provide professional legal assistance for one of
its citizens accused of crime in Great Britain, even if he were destitute of
means, and that there seemed to be nothing in this case to make it an
exception. I stated, also, that I was informed by the public journals that a
considerable amount of money had been subscribed by O’Donnell’s friends to
provide for his defense; and finally, that under these circumstances, I must
decline to accede to his wishes to instruct some one to defend him, except
under directions from the Department of State.
I inclose a copy of this correspondence.
I have, &c.,
[Inclosure 1 in No. 625.]
Mr. Mitchell to Mr.
Lowell.
United
States Consulate-General,
11. Abchurch Lane, King William Street,
London, E. C., September 20, 1883.
Sir: I beg to inclose herewith a letter
addressed to this consulate-general by W. H. Russell, deputy governor in
charge, Millbank Prison, S. W., on the part of Michael or Patrick
O’Donnell, who is charged with the murder of J. Carey.
The case presented by the letter is clearly one that does not fall within
the scope of the duties of his office, and is therefore most
respectfully submitted to you for consideration.
I am, &c.,
L. H. MITCHELL,
Vice and Deputy
Consul-General.
[Inclosure 2 in No. 625.]
W. H. Russell to
the American consul.
Millbank Prison, S. W.,
September 19, 1883.
Sir: Michael or Patrick O’Donnell, the prisoner
now in my custody under remand from Bow street police court, charged
with the murder of J. Carey, states that he is an American citizen, and
has papers in the hands of the metropolitan police to prove his
citizenship.
He is most anxious to have a solicitor appointed to undertake his
defense, and as he (the prisoner) is unable to write, he has asked me to
inform you of the above, and request you to instruct some one to defend
him. The prisoner has no friends in England.
I have, &c.,
W. H. RUSSELL,
Deputy Govenor in
charge.
[Page 454]
[Inclosure 3 in No. 625.]
Mr. Hoppin to Mr.
W. H. Russell.
Legation of the United States,
London, September 22,
1883.
Sir: The vice-consul-general of the United
States has referred to me your letter of the 19th, in which you inform
him of the anxiety of the prisoner Michael or Patrick O’Donnell, charged
with the murder of J. Carey, and claiming to be an American citizen, to
have a solicitor appointed to undertake his defense, and requesting the
consul to instruct some one to defend him. You add that the prisoner has
no friends in England.
I have examined the papers in the hands of the police and they seem to
show that one Patrick O’Donnell became a naturalized citizen of the
United States on November 6, 1876.
But the fact that the prisoner in this case appears by your letter to
have an uncertain Christian name, either Michael or Patrick, throws some
doubt upon his identity with the person named in the certificate of
naturalization.
Admitting his citizenship, however, to be established, I do not consider
that it is the duty of the Government of the United States, under
ordinary circumstances, to provide professional legal assistance for one
of its citizens accused of crime in Great Britain, even when such
citizen is destitute of means. There seems to be nothing in this case to
make it an exception.
I am informed, furthermore, by the public journals, that a considerable
amount of money has been subscribed by Mr. O’Donnell’s friends to
provide for his defense.
Under these circumstances I must decline to accede to his wishes to
instruct some one to defend him, except under directions of the
Department of State.
I am, &c.,
W. J. HOPPIN,
Charge’d’Affaires ad
interim.
