File No. 7848/2.
The Acting Secretary of
State to the German
Ambassador.
Department of State,
Washington, September 26,
1907.
No. 622.]Excellency: I have the honor to acknowledge the
receipt of your note, No. 3121, of July 25 last, bringing to the
department’s notice the circumstances attending the shooting of Frank
Xavier Dick, a German subject, by a policeman at Salem, Oreg., in
November, 1906, and submitting the question whether, under the
conditions represented in your note, this Government might not take
steps toward granting, on the ground of equity, an indemnity to Mr.
Dick.
In reply I have the honor to state that immediately upon receipt of your
note a copy thereof and translations of its inclosures were transmitted
by the department to the governor of Oregon, with a request for a report
on the case. The department is now in receipt of an answering
communication from the governor of Oregon, together with a report from
the prosecuting attorney who conducted the case against the police
officer concerned.
Inclosing herewith copies of those papers, I have the honor to say that
in view of the facts as stated the department does not consider that the
circumstances of the case would justify the payment of an indemnity as
an act of grace. The police officer attempting to make the arrest was
acquitted after a careful trial, in which it was developed that the
evidence did not sustain the charge that a crime had been committed.
Moreover, the claimant has his remedy in damages against the police
officer, in case he can show that an unjustifiable assault was
committed. His allegation that Busick, the police officer, is not
financially responsible does not seem to establish an equitable or a
legal liability upon the part of this Government.
Regretting that a more favorable response can not be made to the
representations submitted, on the part of the Royal Bavarian Government,
by your excellency, I have the honor to return, as requested, the papers
which were inclosed in your note.
Accept, etc.,
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[Inclosure.]
The Governor of
Oregon to the Acting Secretary of
State.
Executive Department,
Salem, August 30,
1907.
Sir: Referring to your favor of the 15th
instant, inclosing translation of a note and inclosures from the
German ambassador bearing upon the shooting of one Frank Xavier
Dick, a German subject, by a policeman of Salem, in November, 1906,
permit me to say I submitted your letter, together with the
inclosures, to the district attorney of the county in which the
shooting occurred and who was instrumental in bringing proceedings
in the magistrate’s court for the purpose of investigating the
matter, requesting information from him as to the facts which
developed. I am just in receipt of a letter from him, a copy of
which I inclose you herewith.
I have the honor to remain, yours, very respectfully,
[Subinclosure.]
The district attorney
to the Governor of Oregon.
Office of District Attorney,
Third Judicial District,
Salem, Oreg., August 29, 1907.
Hon. Geo. E.
Chamberlain,
Salem, Oreg.
Dear Sir: Your letter of August the 27th
instant, addressed to John H. McNary, regarding the circumstances
attending the shooting of Frank Xavier Dick by a policeman of this
place during the month of November, 1906, referred to me to answer,
as I am more familiar with the subject about which you inquire.
The history of the case was published by the newspapers about the
time of the unfortunate occurrence, and with which I assume you are
familiar. From a judicial investigation had before the justice of
the peace, Daniel Webster, of Salem, Oreg., and from what I know of
a personal investigation on behalf of the district attorney’s office
of the third judicial district, I have to say: That immediately
after the shooting hereafter set forth Night Policeman Busick
surrendered himself to the custody of Sheriff Culver, of this
county. The sheriff made no formal complaint against the officer.
Immediately upon Busick’s surrender he took the matter up with this
office, and it was decided that it was best to wait developments a
few days for the purpose of ascertaining the probable results of the
injury to Dick. As soon as the attending physicians announced that
Dick would likely recover, I suggested to Sheriff Culver that he
register a formal complaint against Busick charging him with assault
with intent to kill.
In the interim between the shooting and the trial I procured two
statements from Dick while at the hospital, also through the
kindness of Veazie & Veazie, attorneys at law, Portland, Oreg.,
another statement from Dick was furnished me. At the earliest date
that Dick was able safely to leave the hospital, the trial of Busick
took place. The defendant was represented by John A. Carson, a
capable attorney of this place, while I represented the State of
Oregon as deputy district attorney. A number of witnesses were
examined by the court upon the hearing of the case, among them being
Dick. The testimony clearly showed that Dick was shot from, the rear
by Officer Busick, at an early hour in the morning, while it was
quite dark. As I recall the testimony, the bullet penetrated Dick
somewhere in the back and perforated and buried itself in his
bowels. It developed that Dick had no money on his person, but was
riding in hobo fashion through the State and had alighted from the
train upon its arrival at the depot here, when Officer Busick spied
him and thought him a convict for whom he was looking, and commanded
him to halt, when Dick started to run. Busick testified that he did
not shoot with any intention to hit Dick, but only to scare him so
that he would stop. He said he aimed his
[Page 358]
pistol down on the ground some distance in the
rear of Dick, and if Dick was struck with the ball it was due to the
fact that the ball struck some hard substance and glanced. There was
no other testimony directly upon this point.
The court, after hearing the evidence, which was extremely meager
upon the vital question as to whether the officer had committed a
felony, discharged Busick upon the ground that there was not
sufficient testimony to show that Busick intended to commit a crime.
It was shown that immediately after the shooting Busick sought
medical aid for Dick and, I believe, paid his expenses while at the
hospital.
It developed at the trial that Busick was a man of family and bore a
good reputation, and voluntarily resigned from the police force
after the act, and seemed to regret the same exceedingly.
If you desire the statements of Dick I would be pleased to furnish
you with a copy of the same upon request. The above record is about
a synopsis of my personal knowledge of the matter, and I trust
answers the purpose of your inquiry.
Very respectfully, yours,
