Mr. Jackson to Mr.
Olney.
Embassy
of the United States,
Berlin, August 1, 1895.
(Received Aug. 14.)
No. 322.]
Sir: I have the honor to acknowledge the
receipt, early in the morning of Friday, the 26th ultimo, of the
Department’s telegraphic instruction of the 25th.
I at once communicated by telegraph with Mr. Stern at Kissingen, asking
him to let the embassy “know details of trouble” and to “suggest how
embassy might assist,” and on the same day, after receiving his reply, a
copy of which will be found included in his letter to me of
[Page 455]
the 27th ultimo (inclosure 1),
I telegraphed to the United States commercial agent at Bamberg, whose
name is also Louis Stern, asking him to inform me of the details of the
case, and asking what, he had done and what he proposed doing. Through
an error, the first of his answering telegrams (inclosure 2, A) did not
reach me until Sunday morning while the second (inclosure 2, B) came at
the proper time. After both these telegrams had been received, on
Sunday, July 28, I cabled the Department.1
At the same time I sent the letter to the U. S. commercial agent at
Bamberg, a copy of which is inclosed (No. 3).
On Monday morning, the 29th, I received from Dr. Loewenfeld (Mr. Stern’s
lawyer at Munich) a letter transmitting a copy of the petition, referred
to above (inclosure No. 4, with translation), and its accompaniments
consisting of a report on the case, 99 pages long; a letter of apology
addressed by Mr. Louis Stern to Baron von Thuengen on July 19, a week
after the incident at the Casino; circular letter to diplomatic and
consular officers, dated State Department, February 23, 1894; certain
depositions and letters as to Mr. Stern’s reputation and also showing
that it had been his intention to leave Kissingen about July 16, etc.;
all these documents being in the German language.
After looking through these papers I telegraphed to the U. S. commercial
agent at Bamberg and authorized him to send a copy of them to the
Bavarian ministry at once, and at the same time I notified
Consul-General Mason, at Frankfurt, that I had done so. The same
afternoon I called at the Bavarian legation in this city, and after an
interview with the minister, Count Lerchenfeld, in which I showed him
the documents sent me by Mr. Stern’s lawyer, and mentioned the damage
which would be done to the reputation of Kissingen as a place of resort
should it become understood that Americans coming before the courts
would be treated with such severity, and in which I asked him to inform
his Government that this embassy supported the petition which had been
sent in from Bamberg, I wrote the letter to Mr. Stern, at Kissingen, a
copy of which is also inclosed (inclosure No. 5).
Late on Tuesday evening I received another telegram from Mr. Stern,
Kissingen, which, after a second interview at the Bavarian legation, I
answered by letter yesterday afternoon, July 31 (inclosures Nos. 6 and
7).
As I told Mr. Stern in my last letter to him, I have not felt at liberty
to assume that the Bavarian courts would treat his case in a manner
otherwise than that prescribed by law. As far as I have been able to
ascertain, everything which has been done so far has been legally
correct, although it appears that the law has been applied with more
than usual severity. I have purposely refrained from any discussion of
the merits of the case, either with Mr. Stern or at the Bavarian
legation, as, on account of the independent position of the courts, a
discussion of points, a decision upon which rested solely with the
court, would not only be purposeless, but, in my opinion, improper.
There are, of course, at least two stories about the incident itself, as
well as to what happened before and after it, and even with regard to
the circumstances connected with the giving of bail there is a dispute.
It is admitted, however, that when, on the evening of July 11, Baron von
Thuengen told Mr. Stern’s son that he must not dance at the ball on
account of his not being 15 years of age, and when Baron Thuengen
expressed doubt as to the truth of Mrs. Stern’s statement that the boy
was more than 15, Mr. Stern
[Page 456]
did use threatening language, and upon the strength of this he is
charged with a breach of the peace and with interfering with an officer
in the performance of his duty; and as the boy was introduced into the
Casino upon a ticket for a child under 15 years of age, on account of
the subsequent statement that he was more than 15 a further charge of
fraud has been made.
It did, however, seem proper to remark upon the unusually large amount of
bail which was accepted, and upon the severity shown in requiring Mr.
Stern to remain in Kissingen, at or near his hotel, after this large sum
(80,000 marks, about $20,000) had been deposited. I felt at liberty also
to request that the Bavarian Government use its influence toward having
the matter settled at the earliest possible date.
I shall at once report any further developments, and would be much
gratified to learn that my action in the matter has met with the
approval of the Department.
I have, etc.,
[Inclosure 1 in No.
322.]
Mr. Stern to
Mr. Jackson.
Hotel de Russie,
Kissingen, July 27,
1895.
(Received July
29.)
My Dear Sir: I answered your telegram of
yesterday as follows:
Many thanks for telegram. Consul Stern, from Bamberg, was
here to investigate, and intends to protest in Munich
to-morrow or Monday. Kindly put yourself in communication
with him, as he is thoroughly familiar with the affair. My
lawyer in Munich, Rechtsanwalt Loewenfeld, will forward you
to-morrow a full statement of the case.
I hope you will be in possession of the papers from Munich before
this reaches you. It affords me much pleasure to add that both
Messrs. Carpenter and Stern, respectively, consuls at Fürth and
Bamberg, and particularly the latter, were indefatigable in their
attention and advice.
Permit me again to thank you for your prompt attention to my case,
and believe me.
Yours, very truly,
Louis Stern,
Of Messrs. Stern Brothers, New York.
[Inclosure 2 in No.
322.—Telegrams.]
Mr. Stern
(U. S. commercial agent at Bamberg) to Mr. Jackson.
A. (received at embassy July 28).
Deutsche Botschaft, Berlin:
By order of Consul-General Mason I went to Kissingen; investigated
Stern case. Stern, prominent business man, and his wife were
offended by assistant “bade commissar” von Thuengen at public ball
and Stern offered to slap Thuengen’s face. Did not know Thuengen’s
official capacity. Stern was arrested; gave 80,000 marks bail, but
is not allowed to leave Kissingen or even take a ride. Americans at
Kissingen, headed by W. W. Astor and other prominent men, will send
protest, a copy of which is sent to embassy to-day, to Bavarian
minister of justice. Protest gives true history of case. Public
sentiment seems
[Page 457]
to be
entirely on Stern’s side. It is a ease of cruel prosecution. Will
embassy allow me to lodge protest with Bavarian secretary of state!
Please wire. According to Stern’s desire, I did not notify embassy
till that protest was ready.
Louis Stern,
U. S. Commercial Agent at Bamberg.
B. (received July 27).
American Embassy, Berlin:
I forgot to wire that I only was informed of the case ten days after
it happened. Since then I worked day and night to assist Stern, who
first did not want to make the case public.
Louis Stern,
U. S. Commercial Agent at Bamberg.
C. (received July 29).
American Embassy, Berlin:
Document sent by Stern’s lawyer explains everything, and was drawn
with my assistance. Protest of Americans has been filed. Stern wants
me to file history of the case with Bavarian secretary of state.
Please instruct me if I can do it officially.
Louis Stern,
U. S. Commercial Agent at
Bamberg
.
[Inclosure 3 in No.
322.]
Mr. Jackson to
the U. S. commercial agent at
Bamberg.
Embassy of the United States,
Berlin, July 28, 1895.
M. No. 7321.]
Sir: Yesterday morning I received the
second telegram you sent me in the matter of Mr. Louis Stern’s
trouble at Kissingen. The first one was addressed to the “Deutsche
Botschaft,” and has only just been received from the Imperial
foreign office. Before advising or instructing you in the matter I
shall await the receipt of the copy of the petition which is now, I
understand, on its way to the embassy. My impression now is that it
would be quite proper for you, under the circumstances, to transmit
the petition to the Bavarian minister of state, but that you should
not officially indorse it.
It has always been the rule here, in the absence of special
instructions, not to put the United States Government in the
position of asking a favor (or what might be considered one) where
the refusal to grant such favor might cause embarrassment.
I shall telegraph you to-morrow on the receipt of your letter.
I am, etc.,
John B. Jackson,
Chargé d’Affaires
.
[Inclosure 4 in. No.
322—Translation.]
petition.
To the Royal Ministry of State for the Royal
Household and for Foreign Affairs:
Relating to the petition of the undersigned for legal protection in
the case of an American citizen confined at Kissingen:
The undersigned American citizens and those connected with
German-American
[Page 458]
interests
take the liberty of most respectfully requesting the protection of
the Royal Government, in the affair mentioned in the inclosures, for
Mr. Louis Stern, of New York, a highly esteemed American citizen,
who, according to their conviction, is unjustly and unlawfully
deprived of his liberty at Kissingen. They do this not only because
the conviction is of great personal value to them and to all others
sojourning in Kissingen that they are in a position of disinterested
unimpeachable legal security, but also because they consider that
Mr. Louis Stern is in every way worthy of the protection
requested.
Baths of Kissingen, July 24, 1895.
(Signatures.)
[Inclosure 5 in No.
322.]
Mr. Jackson to
Mr. Stern.
Embassy of the United States,
Berlin, July 29, 1895.
M. No. 7326.]
Sir: Your letter of the 27th instant was
received this morning, and about noon I received Dr. Loewenfeld’s
full report of the case. Until then I was unable to take any action;
my instructions, received Friday morning from the State Department,
were to ascertain the facts and to do all I properly could, but
before Dr. Loewenfeld’s letter was received there was nothing upon
which I could base any action.
Just here let me say that no information regarding your case was
given by me or anyone connected with this embassy to the newspapers
until after the story had appeared in the Frankfort on the Main
papers.
As soon as I received my instructions from Washington I telegraphed
you, and on the receipt of your first telegram I communicated with
the U. S. commercial agent at Bamberg, but his reply, owing to its
having through some error been addressed to the “Deutsche
Botschaft,” did not reach me until Sunday (yesterday) morning.
As soon as I had an opportunity of looking through the inclosures of
Dr. Loewenfeld’s letter, I telegraphed an authorization to the U. S.
commercial agent at Bamberg to send a copy of the petition to the
Bavarian ministry at once. This afternoon I have had an interview
with the Bavarian minister, Count Lerchenfeld, here and he has
telegraphed to his Government that the embassy supports the petition
sent in from Bamberg.
Count Lerchenfeld at the same time pointed out to me that in so far
as the proceedings against you have been legally taken, the Bavarian
Government would not be able to interfere with the judicial
authorities, though it might have a certain influence over them.
Please let me hear from you if anything new happens, or if you have
any suggestions to make.
I am, etc.,
John B. Jackson,
Chargé d’Affaires
.
[Inclosure 6 in No. 322.—Telegram
received July 30, 1895.]
Mr. Stern to
Mr. Jackson.
Have your letter. Aside from the merits of the case, I am detained
here after giving 80,000 marks bail, and as yet have not been heard
before any court.
[Page 459]
[Inclosure 7 in No.
322.]
Mr. Jackson to
Mr. Stern.
Embassy of the United States,
Berlin, July 31, 1895.
M. No. 7336.]
Sir: Your telegram was received late last
night. As you already know, the Bavarian Government has been
informed that this embassy supports the petition which has been
submitted in your behalf. According to section 120 of the German law
of February 1, 1877, an accused person may be arrested, although
bail has been given for him, if he makes preparations for
flight—that is, for removing himself from the jurisdiction of the
court. Under my instructions, I do not feel at liberty to act on an
assumption that the Bavarian courts will treat your case in a manner
otherwise than that prescribed by law. I can, therefore, only urge
that the law may not be applied in its extreme severity, and this I
did in my interview with Count Lerchenfeld on Monday.
To-day I have again called at the Bavarian legation and, no reply
having as yet been received from Munich, I asked that the Bavarian
Government be requested, if it could not direct the court at
Kissingen, on account of its independent position, to allow you
liberty to travel with your family, etc., to use its influence
toward having the matter settled at the earliest possible date.
If you can suggest anything else which you would like me to do I
shall gladly consider it.
Your obedient servant,
John B. Jackson,
Chargé d’Affaires
.
