File No. 11343.
The Cuban Minister to the Secretary of State.
Washington, January 24, 1908.
Excellency: I have the honor to ask that Your Excellency’s Government grant the extradition of Rafael Barbato, a fugitive from the [Page 253] justice of the Republic of Cuba, against whom proceedings have been instituted before the examining magistrate of East Habana on the charge of larceny exceeding the sum of 1,000 pesos.
This man was arrested at Tampa on the 9th instant as the result of researches instituted by the police of that place at the request of the consul of Cuba, who was in due time advised by this legation of the description of the fugitive and of the charge lying against him, and he has been detained there since that date.
The Cuban consul at Tampa reports to me that Barbato has asked to return to Cuba and formally waived, before the extradition commissioner or magistrate, the rights conferred upon him by the law of this country without waiting for the production of the proof of the crime charged against him. If upon the favorable decision of the commissioner or magistrate extradition may be granted under the circumstances, I should be greatly pleased so to inform my Government, which will, in any case, be ready to present within the time fixed by the treaty the formal request of extradition supported by the documents required by the said treaty.
I improve, etc.,