Mr. Tower to Mr.
Hay.
United
States Legation,
Vienna, January 25,
1899
No. 116.]
Sir: In compliance with the instructions
contained in your dispatch No. 191, of the 6th of January, 1899, I have
the honor to report to you the case of Aaron Kenig, a naturalized
American citizen, who was arrested in Austria in the month of December,
1897, on the charge of attempting to assist an Austrian subject to cross
the frontier of the Empire without a permit, in order to evade his
obligation to perform military duty, in regard to which I have been in
correspondence with the Austro-Hungarian foreign office during the past
year.
The facts relating to this case, in so far as I have knowledge of them,
are as follows: Aaron Kenig was born in the city of Roman, in Roumania,
in the month of April, 1863. He emigrated to the United States in 1883,
going directly to Hartford, Conn., where he now resides and makes his
living by selling boots and shoes. He was admitted to citizenship in the
United States before the court of common pleas at Hartford, on the 26th
of October, 1892.
In the month of May, 1897, Mr. Kenig returned to Europe to make a visit
to his friends, during the course of which he was married at Busk, in
Austrian Galicia, in the month of November of that year, and in December
he set out with his wife to go back to his home in Connecticut.
He took with him on that occasion, as a traveling companion, a young man
about 18 years of age, named David Taeger, a cousin of his wife, an
Austrian subject, residing in Busk. It was the intention of this young
man to go to America with Mr. Kenig, who had agreed to help him and to
pay his passage. Taeger had not, however, obtained from the Austrian
authorities the permit to travel, which it is customary in this Empire
to issue in such cases, and which is necessary to enable an Austrian
subject to cross the frontier.
When the train in which Mr. and Mrs. Kenig and young Taeger were
traveling reached the station of Szczakowa, where an examination of
passports and traveling permits is made by the police, the party were
called upon with the other passengers to show their papers. Mr. Kenig
exhibited a passport issued to him by the Secretary of State at
Washington, in May, 1897, which was accepted at once by the police
agents as a sufficient identification of himself and his wife; but
Taeger, who had no document of any kind to show, was immediately
arrested. He was sent back to his home, and Aaron Kenig was charged with
aiding him to escape the performance of his military duty by going
abroad.
Mr. Kenig was summoned to appear before the police magistrate at
Szczakowa to answer this charge, and was subsequently bound over [Page 12] for trial before the district
court at Taworzno; his money and his passport were taken from him and
held by the authorities in the nature of bail for his appearance. Having
proceeded to Taworzno accordingly in answer to this summons, he was
there informed that his case had been transferred to the circuit court
at Zloczow, and he was ordered to go there for trial.
The money thus seized consisted of the following sums, to wit: 410
Austrian florins ($166.46), 50 reichmarks and 25 pfennigs in German
currency ($11.96), 1 Russian ruble (52 cents), and 85 cents in American
coin. Of this sum, I understand that 20 Austrian florins were returned
to him for his immediate wants.
Instead of appearing before the circuit court at Zloczow, as he had been
notified to do, Mr. Kenig came to this legation on the 11th day of
January, 1898, and made a complaint as to his arrest. As it seemed to me
likely that this case might lead to subsequent correspondence with the
Austro-Hungarian foreign office, I took from him, while the facts were
still fresh in his mind, the affidavit, a copy of which is included in
the documents submitted herewith. In that affidavit Mr. Kenig admitted
that he had committed the offense with which he was charged. It will be
observed that he swore to the following statement: “But Taeger, who had
no passport of any kind, was held upon the charge of attempting to evade
the military service to which he was bound by the laws of
Austria-Hungary. Taeger admitted to the police authorities that he was
upon his road to America with Kenig and his wife, and that the party
intended to sail from Bremen for New York. Kenig was arrested at once
upon the charge of assisting Taeger to escape military duty, and was
taken in company with Taeger before a police magistrate of Szacowa. At
the examination before this magistrate Kenig admitted that Taeger was
traveling with him to Bremen for the purpose of emigrating. The
magistrate then said to Taeger, ‘How can you emigrate when you have no
money?’ Taeger replied, ‘Mr. Kenig is going to pay my passage from
Bremen.’ Whereupon Kenig added, “Yes, I am going to give him the money
to pay his passage from Bremen to New York.’ The magistrate arrested
Taeger immediately, and Kenig was held for a further hearing.”
Mr. Kenig did not say definitely when he left this legation after making
the affidavit in question that he should not return to Zloczow and
undergo his trial there, though he intimated that if he could obtain
sufficient money from friends of his in Vienna he should disregard the
summons of the court and go directly to America.
Subsequently I received from him a postal card dated at Bremen the 14th
of January, 1898, and mailed there the same day, upon which the
following message was written:
I notify you es I em goieng horn to Hartford conn Amerika
tomorrow the 15th and I liff min case in your hands the imount
of money is 410 o/W, 85¢ Amerikan money all the ansver witch you
will hev to ansver me, Please send to Hartford conn.
Yours Trouly,
Aaron Kenig.
With the purpose of ascertaining the view of the Austrian authorities in
regard to this case, and also to assist this American citizen in the
event of my being able to do so, I wrote to the chief of police at
Krakau, to the district captain at Zloczow, and also to the judge of the
court at Taworzno, inquiring of them upon what ground Aaron Kenig had
been arrested and what disposition, if any, had been made of his [Page 13] money and his passport. The
replies of these officials having merely indicated the facts of his
arrest, however, without any assurance that a speedy trial would be
held, and as I had been informed in the meantime that Kenig had arrived
in America, whence he had no intention of returning to appear before the
Austrian courts, I addressed to the Count Goluchowski, Austro-Hungarian
minister of foreign affairs, on the 9th of March, 1898, the note a copy
of which is herewith inclosed, setting forth the facts as they had been
represented to me by Mr. Kenig, and requesting him to cause an
examination into this question to be made by the proper authorities, in
order that this citizen of the United States may have justice done to
him and that he may have returned to him the money that was taken from
him and his American passport.
In reply to this request I received the 10th of September, 1898, the note
of which a translated copy is hereto appended, whereby the minister of
foreign affairs confirmed the statement of facts of Kenig’s arrest, as
these were already known to me, and added that, after the preliminary
hearing at Taworzno, Kenig had left Galicia; that as his whereabouts was
not known the trial had been postponed until such a time as he could be
arrested, and that the money taken from him, as well as his passport,
was held in custody by the court; that subsequently a decree had been
entered by the court according to which Mr. Kenig’s money “was ordered
to be retained by the court to pay the costs of the legal proceedings,”
though his passport was ordered to be returned to him upon his request
at the termination of the trial.
Thereupon I addressed to the Count Goluchowski the note dated the 15th of
October, 1898, a copy of which is attached hereto, in which I asked to
have Mr. Kenig’s passport sent to this legation for transmission to him;
and, in order the better to understand the rather general statement that
“the money taken from Aaron Kenig was directed to be retained to pay the
costs of the legal proceedings,” I requested that I might be furnished
by the court at Zloczow with a copy of its judgment against Mr. Kenig
and of the decree under which his money was confiscated, to enable me to
make my report to the Government of the United States complete in regard
to this matter.
In compliance with this request I was furnished by the minister of
foreign affairs, on the 29th of December, 1898, with a copy of the
decree of the court, which I have appended hereto in a translation. By
this decree, which was dated the 2d of May, 1898, it is evident that no
final disposition of Mr. Kenig’s money has been made, but that it is
simply being held with his passport until such time as his case may have
been determined, and it will then be used, either wholly or in part, to
pay the costs incurred by the proceedings. Meanwhile, the case has been
indefinitely postponed until Kenig shall have been taken into
custody.
Therefore I addressed a note to the Count Goluchowski, on the 6th of
January, 1899, in which I called his attention to the fact that no steps
have been taken in this case since the month of May, 1898, but that the
money and the passport taken from Kenig are still held in abeyance by
the court. I added that this defendant is now in America, at his home in
Hartford, Conn.; and I said further:
More than a year has elapsed since the occurrence of the offense
with which he has been charged, and eight months have passed
without any final judgment having been delivered in regard to
it. He asks to have his money given back to him and his United
States passport returned into his possession.
[Page 14]
I beg, therefore, respectfully to request that justice be done to
this American citizen without further delay; that his case be
proceeded with immediately and a verdict rendered by the
honorable court in accordance with the laws of the Empire; that
both his passport and his money, or such portion of it as he may
be found legally entitled to receive, be given back into his
hands, and that the final disposition of this matter be held no
longer in suspense.
At this point my negotiations rest for the present.
A complete copy of the correspondence relating to this case is
respectfully submitted herewith.
I have, etc.,
[Inclosure 1.]
Aaron Kenig to
the United States Consul-General at
Vienna.
[Telegram—Translation.]
Szczakowa, December 20,
1897.
As an American subject I have been arrested by the police authorities
of Szczakowa; what cash I possessed has been taken from me; please
help.
Respectfully referred to the legation, and Mr. Kenig so
advised.
Carl Bailey Hurst,
Consul-General.
[Inclosure 2.—Telegram.]
The Legation to Mr.
Kenig.
Send passport, naturalization certificate, and write full
particulars.
American Minister.
Sent Tuesday, December 21, 1897,
at 2 p.m.
[Inclosure 3.]
The Legation to
Aaron Kenig.
United States Legation,
Vienna, December 21,
1897.
Sir: Supplementary to my telegram sent you
to-day saying: “Send passport and naturalization certificate and
write full particulars at once,” I must ask you to send me a
detailed account of your arrest, its causes, and all other
particulars necessary in order to enable me to make a case which I
can present to the foreign office for your protection.
If the arrest was made for having failed to render military duty, you
must state date and place of birth, date of emigration, date of
return to this country, and all other details you may deem proper to
make known.
Once in full possession of all these facts, I will do what I can to
see that justice is done you.
I am, etc.,
[Page 15]
[Inclosure 4.]
Aaron Kenig to
the Legation.
Dear Sir: Fater Please hav sorey with me
with I cent stent I em widout sent 16 Days it is to blem me but I
did not meant to du watt it is not wrigt. Please push dis case I hav
sien the answer from Zlocrow, Please ansver dem at ones I did expect
to sell mine watch or to pawn it, but I cant git inof to git away to
Bremen, I am asking you es you should bee mone on Fater to helpp me
in thies case, I hopp you will not for get yours very trouly.
[Inclosure 5.]
Affidavit by Aaron Kenig before the
Legation.
On the eleventh day of January, A. D. 1898, before me, the
undersigned, secretary of legation of the United States of America
at Vienna, Austria, personally appeared Aaron Kenig, a naturalized
citizen of the United States, domiciled in Hartford, Connecticut,
who, being duly sworn, deposed and said: I was born at the city of
Roman, in Roumania, in the month of April, 1863; I emigrated to the
United States from Hamburg to New York in April or May, 1883; I went
directly to Hartford, Connecticut, where I remained a few months,
and then went to Northampton, Massachusetts, where I lived for two
years, carrying on my occupation as a peddler; in 1885 I returned to
Hartford, Connecticut, where I have since resided, and have kept a
boot and shoe store. I was naturalized as a citizen of the United
States before the court of common pleas at Hartford, Connecticut, on
the 26th of October, 1892. The certificate of naturalization of the
said Kenig, issued by the court aforesaid, was exhibited by the
deponent to me, the undersigned, at the time of his making this
deposition. The said Kenig further deposed that he left the United
States on the 22d of May, 1897, sailing from New York to Glasgow by
the steamer Glasgow. After passing the summer
at Dalatin, in Austria, I was married at Busk, in Austria, in
November, 1897, to Miss Ryfka Schimmelmann (recte Grunberg). On the
19th of December, 1897, the said Kenig left Busk in company with his
wife, intending to return to the United States by way of Bremen. He
had with him, also, a young man named David Taeger, whom he supposes
to be about eighteen years of age. The said Taeger is a cousin of
Kenig’s wife, and intended to accompany Kenig to America, Kenig
having promised to furnish him with the money for that purpose. Upon
the arrival of the train in which Kenig and his wife, with the said
Taeger, were travelling, at the station of Szcszowa, the party were
summoned by the police commissioners to show their passports. Kenig
produced his passport issued to him by the Department of State at
Washington in May, 1897, which was recognized by the police and
declared sufficient to pass him and his wife; but Taeger, who had no
passport of any kind, was held upon the charge of attempting to
evade the military service, to which he was bound by the laws of
Austria-Hungary. Taeger admitted to the police authorities that he
was upon his road to America with Kenig and his wife, and that the
[Page 16] party intended to sail
from Bremen for New York. Kenig was arrested at once upon the charge
of assisting Taeger to escape military duty, and was taken, in
company with Taeger, before a police magistrate at Szcszowa. At the
examination before this magistrate Kenig admitted that Taeger was
travelling with him to Bremen for the purpose of emigrating. The
magistrate then said to Taeger, “How can you emigrate when you have
no money?” Taeger replied, “Mr. Kenig is going to pay my passage
from Bremen.” Whereupon Kenig added, “Yes, I am going to give him
the money to pay his passage from Bremen to New York.” The
magistrate arrested Taeger immediately, and Kenig was held for a
further hearing. His United States passport and his money, amounting
to about $130, were taken from him, and are still held by the police
authorities.
The deponent further says that the foregoing statements are true, to
the best of his information, knowledge, and belief.
In the presence of—
William
Hunning.
Charles V.
Herdliska,
Secretary of the
Legation of the United States at Vienna,
Austria.
[Inclosure 6.]
Aaron Kenig to
the Legation.
Bremen, January 14,
1898.
Dear Sir: I notify you es I am going horn
to Hartford conn, Amerika tomorrow the 15th and I giff mine case in
your hands. The imont of money is 410 00/100 Gulden 50 Mark 25
pfenings one Rubel 85¢ Amerikan money all the ansver witch you will
hev to ansver me please send to Hartford conn, yours trouly.
[Inclosure 7.]
The Legation to the
Foreign Office.
United States Legation,
Vienna, March 9,
1898.
Your Excellency: Complaint has been made at
this legation by one Aaron Kenig, a naturalized citizen of the
United States of America, that during the month of December, 1897,
as he, the said Kenig, was traveling through the territory of his
Imperial and Royal Majesty the Emperor of Austria-Hungary, he was
arrested by the police authorities at the station of Szczakowa,
where his money, as well as his American passport, was taken from
him, and that these have never been returned.
The facts of the case appear, from his statement, to be these: Aaron
Kenig was born at the city of Roman, in Roumania, in the year 1863.
He emigrated to America in 1883, and became a citizen of the United
States under due form of law in the year 1892. In the summer of 1897
the said Kenig left the United States upon a visit to friends of [Page 17] his in Austria, and he was
married at Busk, in the month of November, to Miss Ryfka
Schimmelmann (recte Grunberg). He left Busk on the 19th of December,
1897, in company with his wife, intending to return to his home in
America, and they were accompanied on their journey by a young man
about 18 years of age named David Taeger, a cousin of Kenig’s wife,
who was also going to America.
When the train in which this party were traveling reached the station
of Szczakowa, they were called upon to show their passports. Kenig
exhibited his immediately, but the young man, Taeger, having no
passport, was arrested, and returned by the authorities to his
home.
In the meantime Kenig was also held by the police officer, who took
from him what money he had upon his person, namely, about 410
florins, 50 marks, 1 ruble, and some small American silver coins,
together with his passport, upon the accusation that he was aiding
the said Taeger to escape his military duty, which Kenig declares he
was not guilty of.
No direct charge was brought against Kenig, however, nor was he
detained under arrest by the authorities. He came early in January
to Vienna, where he borrowed from his friends sufficient money with
which to proceed upon his journey, and he then went back to America.
Not having heard further from the police authorities who took his
property from him at Szczakowa, he has now laid his case before the
Department of State at Washington, and prayed that restitution may
be made to him.
I have the honor to request your excellency to cause an examination
into this question to be made by the proper authorities, in order
that this citizen of the United States may have justice done to him,
and that he may have returned to him the money that was taken from
him and his American passport.
I avail myself, etc.,
[Inclosure 8.]
Aaron Kenig to
the Legation.
Hartford, Conn., May
24, 1898.
Dear Sir: You would greatly oblige me by
informing me the result of my case in regard to my money which was
seized from me by the Austrian Government officers near their
frontier on November 20, 1897. I have been in your office that time
and have given you all particulars.
Hoping you will favor me with your reply, I thank you in advance.
Very respectfully, yours,
[Inclosure 9.]
Mr. Herdliska
to Aaron Kenig.
United States Legation,
Vienna, June 16,
1898.
Sir: In reply to your note of the 24th of
May, 1898, from Hartford, Conn., making inquiry as to the progress
of your case, the minister [Page 18]
of the United States of America directs me to inform you that the
facts in your case were presented in full, to the Austro-Hungarian
ministry of foreign affairs by this legation on the 9th of March,
1898, with the request that an examination into the question be made
by the proper authorities in order that justice might be done you,
and that the money that was taken from you and your American
passport might be returned to you.
As soon as a decision is rendered by the Austro-Hungarian Government
in your case, it will at once be communicated to you through the
Department of State at Washington.
Very respectfully, yours,
Charles V. Herdliska,
Secretary of Legation.
[Inclosure
10.—Translation.]
The Foreign Office to
the Legation.
In reply to the esteemed note of the 9th of March, 1898, No. 39,
presenting the complaint of the American citizen, Aaron Kenig, who
was arrested and deprived of his money and his passport in the
railway station at Szczakowa, in the month of December, 1897, the
Imperial and Royal ministry of foreign affairs has the honor
respectfully to communicate to the legation of the United States of
America, as a result of the inquires instituted by it, the
following:
Aaron Kenig was, in fact, taken into custody at Szczakowa on the 20th
of December, 1897, upon suspicion of being an accessory to a crime
as per paragraph 45 of the Military Law, upon the ground that,
according to his own admission, he wished to take with him to
America, at his own expense, the 18-year old David Taeger, of
Chylczyce, in the district of Zloczow, who had just become liable to
military duty. Taeger was delivered by the police authorities to the
Imperial and Royal district court at Taworzno, whereas Kenig, on the
other hand, was discharged from custody. In order, however, to
insure his appearance before the court, his money, amounting to 410
florins 50 marks and 25 pfenings, 1 ruble, and a number of small
American silver coins, as well as his passport, was taken from him
and handed to the said district court. Kenig duly presented himself
before the Imperial and Royal district court at Taworzno, but upon
learning that his case had been transferred to the Imperial and
Royal circuit court at Zloczow he left Galicia.
Meanwhile, upon the motion of the Imperial and Royal State’s attorney
at Zloczow, the preliminary examination into his case for his
violation of the Civil Code through the crime of abduction
(paragraph 96 of the Civil Code), committed by him through his
having abducted the minor, David Taeger, to Szczakowa without the
knowledge of the said Tager’s father, was begun.
As, however, his whereabouts was unknown, the trial was according to
the paragraph 412 of the criminal law, postponed until such time as
he could be arrested, and the money taken from him, as also his
passport, was, under the regulations in force, taken into the
custody of the court.
[Page 19]
Later the council of the Imperial and Royal circuit court at Zloczow
entered a decree by which the money taken from Aaron Kenig was
ordered to be retained by the court to pay the costs of the legal
proceedings; whilst the passport was directed to be returned to
Kenig, at his request, upon the termination of the trial.
For the minister:
Welsersheimb.
Vienna, September 10,
1898.
[Inclosure 11.]
The Legation to the
Foreign Office.
United States Legation,
Vienna, October 15,
1898.
Your Excellency: I have the honor to
acknowledge the receipt of your excellency’s note No. 7–44921 under
date of the 10th of September, 1898, in reply to my communication
addressed to you upon the 9th of March, 1898, in regard to the
arrest at Szczakowa, in December of last year, of one Aaron Kenig,
an American citizen, upon the charge of having violated the military
laws of the Empire of Austria by assisting a young Austrian subject,
named David Taeger, to cross the boundary of the Empire without a
lawful permit and of having furnished the said Taeger with money out
of his own purse for the said purpose.
Your excellency now informs me that upon his arrest the said Aaron
Kenig appeared to answer the charge before the Bezirksgericht at
Taworzno; but that he was thereupon notified that his trial would
take place at Zloczow and he was summoned accordingly to appear
before the Kreisgericht at that place.
In the meantime action was brought against Kenig by the State’s
attorney before the said tribunal at Zloczow, but as Kenig did not
appear to make answer, and his whereabouts could not be ascertained,
the trial was adjourned until such time as he should have been
arrested.
Later, however, as the said Kenig failed to appear before the court,
the council of the Kreisgericht at Zloczow entered a decree by which
the money taken from Kenig at the time of his arrest was ordered to
be seized and used to pay the costs of the legal proceedings in this
case, whilst the United States passport which was taken from Kenig
at the same time was directed to be returned to him, at his request,
upon the termination of the trial.
I respectfully request, therefore, that your excellency will direct
Mr. Kenig’s papers to be sent to this legation to be transmitted to
him through the Department of State at Washington.
I also request that I may be furnished by the court at Zloczow with a
copy of its judgment against Mr. Kenig, and of the decree under
which his money was confiscated, in order that my report to the
Government of the United States upon this subject may be
complete.
I avail myself, etc.,
[Page 20]
[Inclosure 12.]
Aaron Kenig to
the Legation.
Hartford, Conn., October 12, 1898.
Dear Sir: Please answer what it will be the
end of the amount of Money which bin taken away from me, on 20 of
December 1897, You did wrote few Months ago, as you expect in few
Weeks should be a settlement. I hope you will attent to it at wonce
I hope to hear from you as soon as possible.
This young man David Tager which he was arrested by the aurtris
frontear which he was travelling with me he is in U. State
already.
I am very respectfully yours,
Received, United States legation, October 25, 1898.
[Inclosure 13.]
The Legation to
Aaron Kenig.
United States Legation,
Vienna, October 25,
1898.
Sir: I have received your letter of the
12th of October in which you inquire what has been done with the
money which was taken from you at the time of your arrest on the
Austrian frontier, in December, 1897. In the month of March, 1898, I
addressed a note to the Austro-Hungarian foreign office in your
behalf, and asked to be informed what steps had been taken by the
courts in regard to your case.
I have recently had a reply from the minister, who announces to me
that when you were notified to appear before the court at Zloczow
for trial your money and passport were held as a bail for your
appearance. But that after you had gone away and never appeared
according to the notice given you, the court had declared your money
to be forfeited. The minister added that your passport would be
returned to you upon demand. I wrote him thereupon under date of
October 15, 1898, requesting that your passport be sent to this
legation for transmission to you, and asking also for a copy of the
judgment and decree of the court under which your money was
confiscated. When I receive his reply I shall report the whole case
to the Department of State at Washington, whence, I have no doubt,
the Secretary of State will communicate with you.
I am, etc.,
[Inclosure 14.]
Foreign Office to
Legation.
In compliance with the request presented in the esteemed note of the
15th of October, 1898, F. O. No. 80, the Imperial and Royal ministry
of foreign affairs has the honor respectfully to transmit herewith
to the legation of the United States of America a copy of the order
issued by the council of the Imperial and Royal circuit court at
Zloczow on [Page 21] the 2d of May,
1898, together with a translation of the same into German. From this
decree of the court at Zloczow it appears that the passport of Aaron
Kenig, held by the court, can only be returned to him, at his
request, upon the conclusion of the action which was brought against
him, and has now been temporarily suspended.
Vienna, December 29,
1898.
For the minister:
Welsersheimb.
[Sub-inclosure.—Translation from the
Polish.]
Council of the I. R. Court of
Zloczow.
Presiding judge, the I. R. president, Przyluski.
States attorney, Mlynarski.
Referent, I. R. secretary, Zubrzycki.
Votant, I. R. counselor, Ohanowicz.
In the matter of Aaron Kenig charged under paragraph 96 of the
Criminal Law with abduction—the presiding judge requests the
decision of the council upon the following points:
- (a)
- Whether the money taken from the defendant and placed in
the custody of the court shall be returned to him
- (b)
- Whether the passport belonging to the defendant shall be
returned to him. Zloczow, May 2, 1898.
The chairman of the council.
Przyluski. [m. p.]
The council of the I. R. circuit court after hearing the argument of
the State’s attorney, reached the following decision:
- (a)
- To hold for the present the money taken from the defendant
and placed in the possession of the court.
- (b)
- To return to the defendant at his request, upon the
termination of the trial, the passport taken from
him.
Grounds for this decision:
- (a)
- Although the criminal action against Aaron Kenig has been
postponed until such time as his whereabouts shall have been
ascertained or he shall have been arrested, the possibility
still exists that he may be convicted of the offense with
which he is charged, and in that event the money taken from
him may be ordered by the court to be used, either wholly or
in part, in defraying the expenses of this suit, according
to paragraphs 381, 387, and 388 of the Criminal Code;
wherefore the court refuses the immediate return of the
money to the defendant.
- (c)
- As there appears to be no legal reason why the passport of
the defendant should not be returned to him after the
conclusion of the trial, the said passport will be delivered
to him then at his request.
Zloczow, 2d May,
1898.
Zubrzycki. [m. p.]
[Inclosure 15.]
The Legation to the
Foreign Office.
United States Legation,
Vienna, January 6,
1899.
Your Excellency: I have the honor to
acknowledge the receipt of the verbal note 7–64666, dated the 29th
of December, 1898, in which was inclosed in answer to my request a
copy of the order issued by the court at Zloczow, on the 2d of May,
1898, in regard to the case of Aaron Kenig, for which I beg leave to
thank your excellency.
Aaron Kenig, an American citizen, was arrested at Szczakowa in
December, 1897, upon a charge of violating the military laws of the
[Page 22] Empire of Austria, by
attempting to assist an Austrian subject to cross the frontier
without a lawful permit, and by furnishing to the said subject money
with which to emigrate.
At the time of the arrest of the said Kenig his American passport, as
well as the money which he had upon his person, amounting to a
considerable sum, was taken from him by the police authorities of
Szczakowa, and these have never been returned.
By the order of the Imperial and Royal Kreisgericht at Zloczow it now
appears, however, that no steps have been taken in this case since
the month of May, 1898, but that the money and the passport taken
from Kenig are still held in abeyance by order of the court.
The reasons for this, as given by the honorable court in its said
order, are—
- (a)
- Although the criminal action against Kenig has been
postponed until such time as his whereabouts shall have been
ascertained or he shall have been arrested, the possibility
still exists that he may be convicted of the offense with
which he is charged, and in that event the money taken from
him may be ordered by the court to be used, either wholly or
in part, in defraying the expenses of this suit; wherefore
the court refuses the immediate return of the money to the
said defendant.
- (b)
- As there appears to be no legal reason why the passport of
the defendant should not be returned to him after the
conclusion of the trial, the said passport will be delivered
to him then at his request.
I beg leave to call your excellency’s attention to the fact that this
defendant is now in America, to wit, at his residence in Hartford,
in the State of Connecticut, whither he proceeded soon after his
arrest in 1897”.
More than a year has elapsed since the occurrence of the offense with
which he has been charged, and eight months have passed without any
final judgment having been delivered in regard to it. He asks to
have his money given back to him and his United States passport
returned into his possession.
I beg therefore respectfully to request that justice be done to this
American citizen without further delay, that his case be proceeded
with immediately and a verdict rendered by the honorable court in
accordance with the laws of the Empire; that both his passport and
his money, or such portion of it as he may be found legally entitled
to receive, be given back into his hands, and that the final
disposition of this matter be held no longer in suspense.
I avail myself, etc.,
