The Acting Secretary of State to the British Ambassador.

No. 468.]

Excellency: Referring to your note of the 24th ultimo, I have the honor to inclose herewith a copy of a letter from the Acting Attorney-General relating to the case of Arthur F. McIntire, who is imprisoned in this country for a nonextraditable offense, after having been brought here from London on a charge of embezzlement.

I have, etc.,

Robert Bacon.
[Page 789]
[Inclosure.]

The Acting Attorney-General to the Secretary of State.

Sir: In reply to your letter of the 4th instant, I have the honor to inclose herewith for your information a copy of a letter dated June 11, 1906, addressed to the Attorney-General by the United States attorney at St. Louis, relating to the case of Arthur McIntire, who is imprisoned in this country for a nonextraditable offense after having been brought here on a charge of embezzlement.

It appears from the report of the United States attorney that McIntire was convicted in the United States court for the eastern district of Missouri on the charge of having violated section 5480 of the Revised Statutes of the United. States, in that he devised a scheme to defraud certain persons out of their money, etc., and that he used the mails of the United States to further the scheme. On May 21, 1904, McIntire was sentenced to pay a fine of $1 and to be imprisoned eighteen months in the Missouri penitentiary. From this sentence he sued out a writ of error to the circuit court of appeals for the eighth circuit, and gave bond in the sum of $7,000, with John H. Vette as surety. The writ of error was abandoned and bond declared forfeited. McIntire fled the country and was subsequently located in London.

Application was made to the United States attorney at St. Louis by Thomas B. Harvey, attorney for Price, who it is claimed had expended a large sum of money in securing the return of McIntire to the United States, to have McIntire extradited. The United States attorney replied that McIntire had been convicted for an offense not extraditable under the treaty. Subsequently, as the United States attorney is informed, Price made a charge of embezzlement against McIntire, and the assistant prosecuting attorney for St. Louis filed an information. This information was the basis of the extradition proceedings. The United States attorney is not advised as to the merits or demerits of the prosecution upon the charge of embezzlement.

About May 30, 1905, McIntire, in company with Vette and Harvey, came to the United States attorney’s office in St. Louis and stated that he desired to surrender himself to undergo the sentence imposed by the United States court. The United States attorney then told McIntire that the offense for which he had been convicted was not extraditable, and that so far as the United States was concerned he was at liberty to return to London if he desired. McIntire answered that he wished to serve his sentence.

Very respectfully,

H. M. Hoyt.
[Sub-inclosure.]

Mr. Dyer to the Attorney-General.

Sir: Your letter of the 6th instant (S. B. S. 77360), covering certain memoranda and correspondence touching the matter of Arthur F. McIntire, was duly received. The following are the facts, so far as the same have come to my knowledge:

McIntire was indicted by the grand jury for the eastern division of the eastern judicial district of Missouri the 30th day of October, 1903. Lie was charged with a violation of section 5480 of the Revised Statutes of the United States, in that he had devised a scheme and artifice to defraud certain persons out of their money and property, and that in the execution of such scheme McIntire contemplated the use of the United States mail, and that such mail was actually used in furtherance of the same.

He was tried and convicted on the 21st of May, 1904, and sentenced to pay a fine of $1 and to be imprisoned for eighteen months in the Missouri penitentiary. From this judgment and sentence McIntire sued out a writ of error to the United States circuit court of appeals for the eighth circuit, and gave a supersedeas bond in the sum of $7,000, with John H. Vette as surety. He failed to prosecute his writ of error; the case was duly docketed in the court of appeals, and upon motion the same was dismissed. Subsequently a forfeiture of the bond was taken and a scire facias issued.

To this an answer was filed by the surety, in which he claimed that one Price (who had agreed to hold him harmless on said bond) had expended a [Page 790]large sum of money in securing the return of McIntire to the United States. To this answer I filed a motion for judgment, notwithstanding the answer. This motion is still pending before the court and undisposed of. After the giving of the bond aforesaid, McIntire fled the country and was subsequently located in London. Application was made to me by Thomas B. Harvey, esq., attorney for Price and Vette, to have McIntire extradited. I told him that the offense for which McIntire had been prosecuted and convicted was not extraditable under the treaty, and that no steps would be taken by me to bring him back. Subsequently, as I am informed, the said Price made a charge of embezzlement against McIntire, and the assistant prosecuting attorney for this city filed an information against McIntire, and that this information was the basis upon which extradition proceedings were had. Whatever may have been the merits or demerits of such a prosecution I am not advised, and hence express no opinion.

On or about the 30th of May, 1905, McIntire, in company with Vette and Harvey, came to my office and said that he desired to surrender himself in execution of the judgment against him. I plainly told him in the presence of Vette, Harvey, and others at the time in my office, that the offense for which he stood convicted was not an extraditable one, and that so far as the United States was concerned he was at perfect liberty to return to London if he so desired. He said that he was tired of being a fugitive and wanted to serve his sentence. He thereupon went into the custody of the marshal and is serving said sentence. These are the facts, to the best of my knowledge.

Respectfully,

David P. Dyer,
United States Attorney.