File No. 15660/3–5.
The foreign office requests that this decision be communicated to my
Government, as a precedent for the rendition by a country of its own
citizens, in accordance with Article IV of the extradition treaty
between Mexico and the United States.
[Inclosure
1.—Translation.]
The Minister for Foreign
Affairs to Ambassador Thompson.
Department of Foreign Affairs,
Mexico, March 11, 1909.
Mr. Ambassador: I have the honor to
transmit to your excellency herewith a copy of the decision of
the President of the Republic granting the extradition of
Teodosio Jimenez, requested to the governor of Neuvo Leon by the
governor of Texas, on a charge of murder.
As the case refers to the delivery of a Mexican citizen, I beg
your excellency to bring to the attention of your Government the
inclosed decision, as a precedent of reciprocity according to
Article IV of the extradition treaty between Mexico and the
United States.
I renew, etc.,
[Inclosure
2.—Translation.]
decision of the president of mexico in
the case of teodosio jimenez.
Having taken cognizance of the record of the District Court of
Nuevo Leon relative to the surrender of Teodosio Jimenez,
requested by the governor of Texas on a charge of murder:
It appears that the request was made directly by the governor of
Texas, United States of America, on the governor of Nuevo Leon,
Republic of Mexico, in accordance with Article X of the
extradition treaty.
[Page 432]
It also appears that the governor of Nuevo Leon has made his
declaration in favor of the surrender of the fugitive, but with
the reservation that the Federal Executive should decide as to
the surrender of the accused, owing to the latter’s Mexican
nationality.
Considering that the only motive invoked by the district judge
against the extradition, that is, the lack of the certificate of
the autopsy of the victim among the proofs, has been disapproved
by the governor of Neuvo Leon, according to the powers vested in
him by Article X of the extradition treaty between the United
States and Mexico;
Considering that the decision of the governor on this point is
proper, and that no right of Jimenez has been infringed aside
from the reasons expressed by said officer, on the ground that
article 116 of the Code of Federal Penal Procedure declares that
in cases of murder, when it may be impossible to secure the
remains, the crime will be held as proven when there may be full
proof as to the elements which constitute the crime, according
to article 540 of the Penal Code; and in this case there is such
full proof by the declarations made by the witnesses, Hensen and
Vega, and by the judicial attestation of the body of Maria
Hernandez, mistress of Jimenez, rendered by the justice of the
peace of precinct 5, of Medina County, State of Texas;
Considering that it has not been proved that the laws of Texas
demand the autopsy as an element of proof of murders committed
there, and that in this country the district judge could not
have seen the body of Maria Hernandez; therefore, article 116 of
the Code of Federal Penal Procedure shall lie in the present
case;
Considering that according to article 16 of the law of May 19,
1897, and section 1 of Article III of the extradition treaty the
laws of this Republic should be borne in mind to decide whether
the arrest and indictment of the fugitive would have lain had
the crime been committed in this country, and that these laws
can be but those of criminal procedure in federal cases, since
section 20 of article 48 of the law of December 16, 1908, which
is the organic law of the federal judicial power, conferring
jurisdiction on district judges in matters of extradition
provided by law;
Considering that the Executive of Mexico does not think that
there is any especial reason to deny the extradition of Jimenez
because of his Mexican nationality;
Considering that while it is true that section II of article 10
of the law of May 19, 1897, forbids, with the exception of
especial cases, the surrender of Mexicans requested by a foreign
power, it is also true that such provision, according to article
1 of the same law, is only applicable in the absence of an
international agreement, and in this case there is article IV of
the extradition treaty, which leaves to the discretion of the
Executive the delivery of Mexican citizens, it being worthy of
note that the preceding considerations are sufficient to
facilitate the indictment and the punishment, if any, of the
party charged with the murder of Maria Feliz Hernandez, by the
authorities of the place where the crime was committed, because
it is at that place where the public law was infringed and where
the necessary evidence can be had.
- I.
- Therefore, the Executive decides that the extradition of
Teodosio Jimenez should be granted and that he must be
surrendered to the authorities who have asked for
him.
- II.
- Transmit this decision to the governor of Nuevo Leon, in
order that he may execute the decision he passed in the same
sense.
- III.
- Transmit this decision also to the American embassy in
this Republic, to the end that it may bring the same to the
attention of its Government as a precedent for reciprocity
in accordance with article IV of the treaty.
- IV.
- Publish the same in the bulletin of the department.
Ignaoio Mariscal.
Mexico, March 11,
1909.
