The Acting Secretary of State to the British Ambassador.

No. 530.]

Excellency: Referring to your note. No. 173, of the 11th instant, in relation to the case of Arthur McIntire, extradited from England on a charge of embezzlement in St. Louis, Mo., I have the honor to [Page 791]inclose herewith a copy of a letter from the Acting Attorney-General, in which he states that while McIntire was committed to prison upon his arrival at St. Louis for a crime other than that for which he had been extradited, no advantage was taken of him, he being cautioned by the United States attorney that the offense of which he had been convicted was not extraditable, and that he was at liberty to return to London. Of this privilege he did not desire to avail himself.

I have the further honor to return to your excellency herewith the original documents in the extradition proceedings.

I have, etc.,

Alvey A. Adee.
[Inclosure.]

The Acting Attorney-General to the Secretary of State.

Sir: I have the honor to acknowledge the receipt of your letter of the 15th instant, inclosing for such action as the Attorney-General may deem proper a copy of a note from the British ambassador in which he calls attention to the assurance given by the assistant circuit attorney of St. Louis, in the case of Arthur F. McIntire, that the return of the accused to this country was sought for the sole purpose of prosecuting him upon the charge of embezzlement and not to serve any other private end, nor to detain or prosecute him for any other offense whatsoever. The ambassador invites this Government to consider whether action of a disciplinary nature should be taken in regard to the matter.

McIntire was charged by the authorities of the State of Missouri with having committed the offense of embezzlement. The extradition proceedings prosecuted in behalf of the state government resulted in the surrender of the accused by the Government of Great Britain, where he had sought an asylum. Shortly after his arrival in St. Louis, Mo., McIntire was committed to prison to serve the sentence imposed by the United States court for the eastern district of Missouri, upon a charge different from that for which he was extradited. It appears, however, that in this respect no advantage was taken of McIntire. He was cautioned by the United States attorney that the offense of which he had been convicted in the United States court was not extraditable and that, so far as the United States was concerned, he was at liberty to return to London If he so desired. McIntire replied that he was tired of being a fugitive and wished to serve the sentence imposed by the United States court. The fact that he was a citizen of the United States probably accounted for McIntire’s determination to surrender himself. In this connection I have the honor to invite your attention to the letter of the United States attorney at St. Louis of June 11, 1906, copy of which was transmitted to you June 13, 1906.

In view of the precaution taken by the United States attorney, and of the voluntary surrender of McIntire, and of the further fact that the extradition proceedings were instituted by and in behalf of the State and not the Federal Government, I do not see that this department is in a position to take the action suggested by the British ambassador.

Very respectfully,

C. H. Robb.