Mr. Wharton to Mr. Denby.

No. 736.]

Sir: I have received your No. 1534 of 18th May last, relative to the question of jurisdiction raised by Mr. Leonard, consul-general of the United States at Shanghai.

According to the statement, one James A. Frame, jailer of the American consulate, shot and killed, on May 1, 1892, George Lemon. Both were American citizens.

Your opinion that the consul-general should try the case is approved. I inclose a copy of the instruction on the subject to Mr. Leonard.

I am, etc.,

William F. Wharton.
[Page 124]
[Inclosure in No. 736.]

Mr. Adee to Mr. Leonard.

No. 64.]

Sir: I have to acknowledge the receipt of yonr dispatch No. 198 of May 31 last, in relation to the question of jurisdiction in the case of James A. Frame, charged with killing George Lemon, and to say that the Department considers it quite clear that you should try this ease in the manner provided by law.

I may add that a jailer or marshal is not considered a consular officer within the intendment of the statute.

I am, etc.,

Alvey A. Adee,
Second Assistant Secretary.