Baron Saurma to Mr.
Gresham.
[Translation.]
Imperial German Embassy,
Washington, August 28,
1894.
Sir: I have the honor to forward to you
herewith a duplicate of a note, written in the German language and dated
January 25 of this year, relating to the extradition of a certain Jacob
David, an American citizen, arrested at Meisenheim, in Prussia, and
extradited upon the request of the United States embassy at Berlin on
January 10, 1893.
When it was brought to my notice, only a few days ago, that an answer to
this note had not been received, I caused the secretary of this embassy
to make inquiries at the Department of State, where he was informed at
the office of the Solicitor of the State Department that no record could
be found of the said note having ever reached the Department.
As the draft of this note in the archives of this embassy bears the mark
of the assistant chancellor who copied the note and who moreover
remembers well the fact of having made such copy, and as the
[Page 489]
register of this embassy
contains an entry of the number of the note under date of January 25 of
the present year, it can only be presumed that the note has been lost
between this embassy and the Department.
According to the prevailing practice letters and documents destined for
the Department of State are either forwarded by the embassy’s messenger
and handed over in the chief clerk’s office, or they are transmitted
through the United States post-office in this city.
Considering the time which has elapsed since the note in question was
ready for transmission, it seems hardly possible to elucidate the facts
which caused the loss.
I would, however, be greatly obliged if you would deem it expedient to
make further investigations in the matter.
I have, etc.,
[Inclosure.]
Baron Saurma to
Mr. Gresham.
[Duplicate—Translation.]
Washington, January 25,
1894.
Mr. Secretary of State: I have the honor,
in pursuance of instructions received, to invite your attention to
the following matter:
Jacob David, an American citizen, who had been arrested at
Meisenheim, Prussia, was surrendered to the United States Government
on the 10th of January last, at the instance of the United States
envoy at Berlin, it having been previously decided by the royal
district court at Coblenz that there was good ground to suspect that
he was guilty of forgery.
According to the statements contained in the American press with
regard to the proceedings against David, an indictment was found
against him, embracing six counts, for larceny, forgery, and
embezzlement, and David, after confessing that he was guilty of
embezzling $400, was sentenced on the strength of this confession,
no attention being paid to the other charges.
If these statements are correct, David was sentenced by the American
court for the embezzlement of funds that were not public funds, and
consequently for an act which, according to the treaty of June 16,
1852, which is still in force, furnished no grounds for his
extradition and for which his extradition was neither solicited nor
granted. The extradition was, as appears from the inclosed copy of a
note from the Imperial foreign office to the charge d’affaires of
the United States of America at Berlin, dated January 10, 1893,
granted simply on account of the fabrication of the three papers
separately mentioned in the note, and on account of the use of these
forged papers with fraudulent intent. A sentence, or even a criminal
prosecution of the surrendered party on account of any act other
than that for which the extradition was granted, would be in
violation of international principles and of the treaty rights which
have accrued to the Government of His Majesty, the Emperor and King,
through the extradition, as regards the United States of
America.
I respectfully request your excellency to be pleased to inform me
whether David has actually, since his extradition, been criminally
prosecuted for any acts other than the forgery of the aforesaid
three papers, and for embezzlement.
[Page 490]
If this should be the case, the Imperial Government would, to its
regret, be compelled to call attention to the fact that the
procedure chosen is not reconcilable with international principles
or with the treaty rights that have accrued to it, and to ask that
the sentence pronounced against the prisoner be not carried out. His
Majesty’s Government, so far as it is concerned, would not be averse
to granting, at the request of the United States, the subsequent
extension of the extradition to the other offenses with which David
is charged.
As, however, the treaty of extradition which is now in force between
the United States and the German Empire makes provision neither for
these offenses nor for any such subsequent grant, the Imperial
Government would, to its regret, be unable to do this.
Feeling convinced that your excellency and the United States
Government will regard the standpoint of the Imperial Government, as
stated in the present note, as being in harmony with justice, I
avail, etc.,
[Subinclosure—Translation.]
Baron von
Rotenhan to Mr. Coleman.
Berlin, January 10,
1894.
The undersigned has the honor, referring to his note of the 7th
instant, to inform Mr. Chapman Coleman that the extradition of Jacob
David, who is wanted in Chicago for forgery, has been granted, the
evidence adduced having been deemed sufficient, and it having been
ascertained that David is not a subject of the Empire.
The acts of which proof has been furnished, and for which the
extradition has consequently been granted, consists of the
fraudulent fabrication of three documents, and of the use of the
forged documents with fraudulent intent. These documents are—
- (1)
- A bond purporting to have been issued by Ester Wolfson,
under her sign manual, at Chicago, on the 14th day of June,
1888, with the following title: “Loan No. 76, 12th series,
for $500 in favor of the Prairie State Loan and Building
Association, Chicago.”
- (2)
- A certificate (No. 331), of April 10, 1890, for 20 shares
of the stock of the above-named company, belonging to Henry
Rahn, for $100 each, bearing the signature of Abraham
Diamond, president of the company.
- (3)
- A certificate (No. 448), dated February 14, 1889, for 10
shares of the stock of the same company, belonging to
Messrs. Clute & Cragier, for $100 each, bearing the
signature of Mayer Guttel, president of the company.
The Government president at Coblenz was instructed by telegraph, on
the 7th instant, to send the accused to Bremen without delay, under
a strong guard.
The undersigned hopes that it has been possible to accelerate his
transportation so that David, in accordance with the desire
expressed in the communication of the 4th instant, F. O. 422, may be
sent to New York by the steamer which sails from Bremen to-day, and
he avails himself of this occasion, etc.,
