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[Inclosure 5.— Translation.]
Mexico, October 20, 1903. MR. AMBASSADOR: I have the honor to transmit herewith a copy of a communication addressed to me by the governor of the federal district, reporting that, notwithstanding the careful search by the police, the supposed murderer of Benjamin Garcia has not been captured; nevertheless the search will be continued, although it is believed that he is not in this country.
I renew, etc.,
Gorernor of the district to the secretary of foreign affairs.
MEXICAN REPUBLIC, GOVERNMENT OF THE FEDERAL DISTRICT, SECTION FIFTI, NUMBER
The inspector-general of police, on the 15th instant, reports to this Government as follows:
“The chief of the detective service, under date of yesterday, reports to this office as follows:
"'Referring to circular No. 505 of the department, dated yesterday, in which it is ordered, by direction of the department of foreign affairs, that more active search be made for Alfonso Entrambasaguas, guilty of the murder of Benjamin Garcia, and that report be made upon the matter, I have the honor to say that notwithstanding the careful search made for the said Entrambasaguas he has not been found, and that information that he is not in this country has been received; nevertheless, the search will be continued.'”
I have the honor to copy the same for you, in reply to your communication upon the subject, and to assure you of my distinguished consideration. MEXICO, October 17, 1903.
GUILLERMO DE LANDA Y ESCANDON.
Mr. Algara 1o Mr. Clayton.
Merico, October 8, 1903. MR. AMBASSADOR: Referring to the note of the 3d instant, in which, by instruction of your Government, your excellency is pleased to urge the prosecution of the persons supposed to be guilty of the murder of certain American citizens in the Republic, I have the honor to say, in regard to the case of Victor Gerster, that this department has received no later information than that which was communicated to your excellency on November 20 last; but I have asked the governor of the State of Chiapas for another report and requested him to issue the necessary orders to the end that the judge in charge of the case may press the measures taken to procure the arrest of the supposed inurderer of Gerster.
I renew, etc.,
Mexico, October 8, 1903. MR. AMBASSADOR: Referring to the note of the 3d instant, in which, by instruction of your Government, your excellency is pleased to urge the prosecution of the persons
supposed to be guilty of the murder of certain American citizens in the Republic, I have the honor to say, in regard to the case of Philip Nesdel, that this department has received no later information than that which was communicated to your excellency on December 22 of last year; but I have asked the governor of the State of Jalisco for a further report, and I have requested him to direct that more active efforts be made to effect the arrest of one of the murderers of Nesdel who has not yet been captured.
I beg to renew, etc.,
Mr. Algara to Mr. Clayton.
DEPARTMENT OF FOREIGN AFFAIRS,
Mexico, November 6, 1903. MR. AMBASSADOR: Referring to my note of October 8 last, in which I informed your excellency that I had requested the governor of the state of Jalisco to direct that more active measures be taken to procure the arrest of one of the suspected murderers of Philip Nesdel, I have the honor to transmit to your excellency, herewith, a copy of a communication addressed to me by the said governor, in which he informs me of the present condition of the case.
I renew, etc.,
Governor of Jalisco to the secretary for foreign affairs.
MEXICAN REPUBLIC, GOVERNMENT OF THE FREE AND SOVEREIGN STATE OF JALISCO,
SECTION SECOND, NUMBER 2570.
The citizen president of the supreme tribunal of justice of the State, in communication number 2255, informs this government as follows:
The judge of first instance of Mascota, in communication number 603, of the 22d instant, reports to the department of orders of this supreme tribunal as follows:
In reply to your note, number 1299, of the 15th instant, I have the honor to say that on October 22, 1902, Higinio Ayon was released because the evidence upon which his arrest was based did not show that he was an accomplice in the murder of the American citizen Philip Nesdel, and that on the 25th of the said month requisitions were issued for the arrest of Porfirio Fregoso, because of there being sufficient cause to proceed against him; up to this date the said requisitions have not been returned executed.
And by order of the said tribunal, I have the honor to inform you of the same in reply to your courteous communication, number 2192, of the 12th instant.
Which I have the honor to copy for you for your information, and in reply to your notes relating to the matter.
I renew, etc.,
(Inclosure 9.–Translation.) Mr. Algara to Mr. Clayton.
DEPARTMENT OF FOREIGN AFFAIRS,
Mexico, October 8, 1903. MR. AMBASSADOR: Referring to the note of the 3d instant, in which, by instruction of your Government, your excellency is pleased to urge the prosecution of the persons supposed to be guilty of the murder of certain American citizens in the Republic, I have the honor to say, in regard to the case of J. W. Cullen, no later information has been received by this department than that which was communicated to your excellency on May 4 last, from which it appears that the governor of the State of
Coahuila issued the necessary orders for the arrest of the author of the death of Callen, without obtaining any result; but as the said governor believes that the suspect is in the United States, he said that he would apply for his extradition so soon as he is certainly informed that he has sought refuge in that country
I renew, etc.,
EMBASSY OF THE UNITED STATES,
Mexico, November 8, 1903. MR. SECRETARY: I have the honor to acknowledge the receipt of certain notes from your excellency, all in reply to my note of the 3d ultimo, relating to cases where the Mexican authorities have failed to arrest and bring to trial murderers of American citizens. Concerning the case of J. W. Cullen, it is alleged that R. H. McKinney, the murderer of Cullen, compelled the locomotive engineer to assist him in his escape by carrying him toward the border upon his engine. Mr. H. P. Cullen, the brother of the murdered man, alleges that this engineer was not really compelled to assist in the escape of the murderer, but did so in collusion with him. I respectfully request that I may be informed of what steps, if any, have been taken by the authorities of Monclova in the investigation of this phase of the case.
In connection with the general subject of the failure to bring to justice the murderers of American citizens, I regret to have to add to the cases already enumerated the following: That of John E. Week, referred to in my notes of September 7 and October 2 of the present year, and their inclosures; that of William Savage, referred to in my notes of September 7 and October 18 and 20 last, the murderer having been arrested and imprisoned, and afterwards having effected his escape; and that of John S. Newman, which I brought to the attention of your excellency by my note of the 5th instant.
As the apprehension and punishment of murderers, without regard to their nationality or that of their victims, must be gratifying to every lover of justice, it was with satisfaction that I observed with what vigilance and untiring zeal the Mexican authorities ferreted out and brought to condign punishment, about a year ago, the seren murderers of the British subject, Robert Remmett, and with what equal zeal and consummate ability they apprehended and caused to be subjected to the extreme penalty of the law the eleven murderers of the two French citizens, Courmont and Dupin.
It is to be regretted that, in the cases of the seven murdered American citizens referred to, the authorities have not been so fortunate. I, however, indulge in the confident expectation that, with the aid of your excellency, justice in these cases may yet be satisfied by the arrest and punishment of the guilty persons
Thanking your excellency for the interest you have already taken in the cases of Garcia, Gerster, Nesdel, Savage, Cullen, and Week, I have, etc.,
SUPPLEMENTARY CONVENTION BETWEEN THE UNITED STATES AND MEXICO FOR THE MUTUAL EXTRADITION OF FUGITIVES FROM JUSTICE.
Signed at the City of Mexico June 25, 1902.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
Whereas a Supplementary Convention between the United States of America and the United States of Mexico for the purpose of adding
the crime of bribery to the list of crimes or offenses on account of which extradition may take place between the two countries, was concluded and signed by their respective Plenipotentiaries at the City of Mexico, on the twenty-fifth day of June, one thousand nine hundred and two, the original of which Supplementary Convention, being in the English and Spanish languages, is word for word as follows:
The United States of America and the United States of Mexico being desirous to add the crime of bribery to the list of crimes or offenses on account of which extradition may be granted under the Convention concluded between the two countries on the 22nd day of February, 1899, with a view to the better administration of justice and the prevention of crime in their respective territories and jurisdictions, have resolved to conclude a Supplementary Convention for this purpose and have appointed as their Plenipotentiaries, to-wit:
The President of the United States of America, Powell Clayton, Ambassador Extraordinary and Plenipotentiary of said United States at Mexico, and
The President of the United States of Mexico, Don Ignacio Mariscal, Secretary of Foreign Relations.
Who, after having communicated to each other their respective full powers, which were found to be in due and proper form, have agreed to and concluded the following
The following crime is added to the list of crimes or offenses numbered 1 to 20 in the second Article of the said Convention of February 22, 1899, on account of which extradition may be granted, that is to say:
Bribery, defined to be the giving, offering or receiving of a reward to influence one in the discharge of a legal duty.
The present Convention shall be ratified and the ratifications shall be exchanged at the City of Mexico as soon as possible.
It shall come into force ten days after its publication in conformity with the laws of the High Contracting Parties, and it shall continue and terminate in the same manner as the said Convention of February 22, 1899.
In testimony whereof the respective Plenipotentiaries have signed the present Convention in duplicate and have hereunto affixed their seals.
Done in duplicate at the City of Mexico, in the English and Spanish languages, this twenty-fifth day of June one thousand nine hundred and two. SEAL.
POWELL CLAYTON (SEAL.]
And whereas the said Supplementary Convention has been duly ratified on both parts, and the ratifications of the two Governments were exchanged in the City of Mexico on the twenty-eighth day of March, one thousand nine hundred and three;
Now, therefore, be it known that I, Theodore Roosevelt, President of the United States of America, have caused the said Supplementary Convention to be made public, to the end that the same and every clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof.
F R 1903— 43
In testimony whereof, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.
Done at the City of Washington, this third day of April, in the year of our Lord one thousand nine hundred and three, and of the Îndependence of the United States of America the one hundred and twenty-seventh. (SEAL]
THEODORE ROOSEVELT By the President: John Hay
Secretary of State.
EXTRADITION OF CHARLES KRATZ.
Mr. Hay to Mr. Clayton.
DEPARTMENT OF STATE,
Washington, October 10, 1903. (Mr. Hay instructs Mr. Clayton to ascertain whether the Mexican Government will entertain a request for the extradition of Charles Kratz, charged with bribery in Missouri, as an act of comity upon promise of reciprocity by the United States.
Mr. Hay states that he understands the position of the Mexican Government to be that under the Mexican constitution the treaty is not retroactive, but that by the Mexican law of 1897 extradition can be granted outside of treaty upon promise of reciprocity; that, as it has been held by a Federal court in the United States that an extradition treaty is retroactive in the absence of express stipulations to the contrary, the United States Government can promise reciprocity to Mexico in a case of a fugitive charged with bribery committed in Mexico before the supplemental convention went into effect, and that the President of the United States is greatly interested in the matter, and would be gratified if the desired extradition can be brought about.)
Mr. Clayton to Mr. Hay.
EMBASSY OF THE UNITED STATES,
Mexico, October 13, 1903. (Mr. Clayton reports that the Mexican Government will surrender Kratz upon full compliance by the United States with the requirements of the Mexican extradition law of 1897 and promise of strict reciprocity in any similar case, meaning any case of bribery committed prior to the supplemental convention between the United States and Mexico.
Mr. Clayton advises immediate request for provisioral detention of Kratz if, under the treaty referred to, the Department of State decides to demand the extradition of Kratz.)