File No. 13837.

The Secretary of State to Minister Dodge.


Mr. Root states that the governor of New York has requested the department to obtain from Honduras the extradition of Francis G. Bailey, charged with grand larceny in New York, where warrant [Page 475] has issued. Says that Bailey is alleged to have sailed May 2 from New York on board the tramp steamer Goldsboro, both being understood to be at Tela. In view of absence of extradition treaty, Mr. Root instructs Mr. Dodge to ascertain whether the Honduras Government, as an act of comity, and in anticipation of the extradition treaty for which negotiations are now pending, and which the United States is ready to make, will grant the extradition of Bailey for the offense of grand larceny, although the United States would be unable under its laws to extend the same courtesy before making the treaty. Invites his attention to department’s No. 9 of March 20 and to Legation’s No. 9 of May 1, 1908, relative to a similar request in embezzlement case.

Mr. Root gives a description of Bailey as follows: Six feet tall, or over; weight 200; smooth face; black hair, very thick, turning gray, parted on side; full face; uses glasses for reading, etc.; not a fancy dresser; uses good English; usually wore dark clothes; wore diamond ring on fourth finger of left hand; age 40 to 43 years. Informs Mr. Dodge that if favorable action is taken on foregoing request, he will then request the detention of the Goldsboro and cargo, with a view to their return to the jurisdiction of the United States, as proceeds and evidence of the crime charged, in accordance with article 10 of the Spanish treaty, which was mailed with department’s No. 29 of May 5, to serve as a model for the proposed treaty with Honduras. Mr. Root adds that larceny, on account of which Bailey’s extradition is desired, forms part of a general scheme to defraud, which is alleged to involve the entire cargo in the Goldsboro, and some $40,000, which is alleged to have been fraudulently collected on the drafts drawn against the bill of lading covered by the merchandise on board, it being said that the ship itself was purchased out of the avails of these fraudulent transactions.

Authorizes him to communicate with the consul at Tegucigalpa, in order to expedite action.