No. 335.
Mr. Anderson to Mr. Bayard.

No. 199.]

Sir: I have the honor to report that John A. Benson, the person indicted in the United States circuit court of California for conspiracy and extensive land frauds, arrested in Copenhagen December 8, 1887, and held by the Danish Government at your request, left hereon Monday evening, January 30, for New York via Bremen in charge of United States Marshal J. C. Franks, of San Francisco. They were to sail today on the steamer Lahn, of the North German Lloyd line, and may be expected to arrive in New York about the 9th or 10th.

At the police station the prisoners gave their names &s John D. Pomeroy, of Montreal, and William B. Franks, of Victoria, British Columbia. They stated that they had come to England for the purpose of buying cattle and were in Denmark on a pleasure trip. The following day two scrap-books, found in their trunks, ‘and filled with newspaper clippings relating to the “Benson” and allied cases, and strongly tending to excite suspicion that these men were in some way connected with such cases and fugitives from justice, were sent to me by the police authorities, this being the first intimation I had of the affair. By this time the prisoners had confessed their real identity. After an interview with the royal Danish minister of foreign affairs I sent you my telegram of December 9, in which I stated Denmark’s willingness to extradite the men, if desired by the United States, even in the absence of a treaty. Not hearing from you during the two days following, and having been informed that the prisoners could not be held much longer, except upon specific request from me, I cabled you again on December 11 that I must have an answer before the 12th at noon or the persons would be sent out of the country. A telegram received from you early in the morning of the 12th instructed me to request the detention of the prisoners and notified me that I should receive full instructions on the day following. On the 13th came your telegram describing Benson and requesting that he be held until an officer should come for him, stating also that his brother was not indicted. I carefully followed your instructions, and orders were issued for the detention of John A. Benson, while his brother Frank was sent to America by the Thingvalla steamer Thingvalla, as I informed you in my dispatch No. 184, of December 16.

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The indictments in the cases were duly received by me, and United States Marshal J. C. Franks arrived here on Thursday, January 26, upon which arrangements for the prisoner’s conveyance were made as soon as possible. Marshal Franks suggested that a Danish officer be allowed to accompany him and the prisoner to Bremen, but to this the authorities could not consent, as they wished to avoid any complications with Germany and did not know how that Government would look upon this act of transporting a prisoner through its territory without first obtaining its permission. It was stated to me that no such course would be tolerated by Denmark. An officer was, however, detailed to accompany the two to the Danish border. I notified United States Consul Loening at Bremen that Marshal Franks would arrive in his city with Benson on the 31st and asked him as a favor to render the marshal any assistance in his power. He answered “all right,” and that official assistance would be given.

I have, etc.,

R. B. Anderson.