File No. 6766/18.
The Acting Secretary of State to Ambassador Leishman.
Washington , October 5, 1907 .
(Informs Mr. Leishman that under the extradition treaty of 1874 request for extradition should be made by the Turkish minister here, or in his absence, by superior consular officer; directs him to see article 5. States that in order that a fugitive may be legally held some person representing the Ottoman Government, such as the Turkish consul-General at New York, should appear at once before the extradition magistrate and swear out a warrant on information and belief, charging the fugitive with a crime which is extraditable by treaty; that fugitive will then be held for a reasonable time to await the arrival of formal extradition papers. Instructs him to see section 5270 of the Revised Statutes for full method of procedure and to so inform the minister for foreign affairs, and state that since condemnation by default is not recognized in the United States, a fugitive in this condition is in the same situation as a fugitive merely charged with crime, and that if extradition is desired in this case, the application must be supported, as in all applications where the fugitive has not been convicted, by a copy of the warrant of arrest and evidence sufficient to make out prima facie case against fugitive. Says that surrender for trial can take place only upon the charge contained in the application papers. Adds that if more offenses than one, even though of the same character, have been committed, the papers should cover all charges upon which the fugitive is to be tried.)