Mr. Jackson to Mr. Olney.
Berlin, August 2, 1895. (Received Aug. 14.)
Sir: Respectfully referring to my dispatch, No. 322, of yesterday’s date, I have the honor to inform you that the Bavarian minister here, Count Lerchenfeld, called on me this afternoon and showed me a copy of a communication which had yesterday been sent by the Bavarian Government to the United States commercial agent at Bamberg, in reply to the petition which had been submitted in behalf of Mr. Louis Stern.
In this communication it is stated that the action of the Bavarian ministry is confined to narrow limits, partially on account of the independent position of the courts, and partially on account of the grievousness of the offense given by Mr. Stern to Baron Thuengen. In regard to this, however, the ministry has taken measures with a view to bringing about a satisfactory settlement, in order that either the complaint made by Baron Thuengen may be withdrawn, or, if this be not practicable, the public prosecutor may be enabled to have a relatively mild punishment imposed.
As proceedings have already been begun on the charge of resistance to an officer in the discharge of his duties, these must take the usual course in the courts. It has been so arranged, however, in order that the punishment may be as mild as practicable, that these proceedings will be taken in one of the minor courts—the “Schöffengericht” at Kissingen—and not at the “Landgericht” at Schweinfurt.[Page 460]
As Mr. Stern has agreed to refrain from any action which under section 120 of the law of February 1, 1877, might be construed as being an attempt at flight, the restriction as to his taking drives in the neighborhood of Kissingen has been removed.
In this connection I desire particularly to make known to the Department my appreciation of the courtesy shown me by the officials of the Bavarian legation here, of their readiness to comply with the requests made in the name of the embassy, and of the prompt and considerate action taken by them on every occasion.
I have, etc.,