File No. 212.11G16/9.
Ambassador Wilson
to the Secretary of State.
American Embassy,
Mexico, June 8,
1910.
No. 86.]
Sir: Referring to the department’s telegraphic
instruction, June 1, of the 1st instant, I have the honor to inclose,
for the department’s information, copy and translation of a note from
the foreign office of yesterday, and copy of my reply thereto of to-day,
with regard to the provisional detention of Leodoro Garcia, charged with
assault with intent to commit murder.
I have, etc.,
[Inclosure
1—Translation.]
The Minister for Foreign
Affairs to Ambassador Wilson.
Foreign Office,
Mexico, June 7,
1910.
No. 31003.]
Mr. Ambassador: I have received your
excellency’s note, dated the 4th instant, in which with reference to
a previous note, dated April 15, you are pleased to advise me that
the crime for which Heliodoro Garcia has been accused in California
is assault with intent to commit murder, but not for murder, for
which his provisional arrest was requested.
In reply, I have the honor to advise your excellency that as the 40
days established by the treaty in force, counting from the date of
the provisional arrest of the fugitive, have expired, without the
extradition documents having been presented, this department finds
itself obliged to place the fugitive referred to at liberty, in
compliance with Article X of the same treaty.
I avail, etc.,
[Inclosure 2.]
Ambassador Wilson to the Minister for
Foreign Affairs.
American Embassy,
Mexico, June 8,
1910.
Mr. Minister: I have the honor to
acknowledge the receipt of your excellency’s note, No. 31003, of
yesterday, wherein you advise me than the 40 days of provisional
detention under which Heliodoro Garcia was held on the charge of
murder having expired, your excellency’s government has deemed it
necessary to place the fugitive at liberty.
As your excellency will note from a reference to my communication of
the 4th instant,1 the
provisional detention of Garcia was requested on the charge of
assault with intent to commit murder, and I have the honor to
request that your excellency advise me whether his apprehension on
this charge can be effected.
As your excellency will note from a reference to the embassy’s No.
670, of April 17, 1909,2 the American Government holds that a man
may be rearrested and held until the case may be acted upon by the
proper judicial authorities, and attention was called to the fact
that rearrests have been made in cases where the Mexican Government
has failed to get the papers into the hands of the Washington
Government
[Page 725]
within the
limits of the 40-day period. This was in connection with the
extradition of Juan de Dios Rodriguez, charged with murder.
Notwithstanding that the formal proofs were not presented until 27
days after the prescribed period had elapsed, your excellency’s
Government, in accordance with the representations made by my
Government, ordered an extension of the detention period, and
granted the extradition of Rodriguez; and Mr. Mariscal, in his note
of April 12, 1909, acquiesced in the policy of the United States in
the following words [translation]:
In accordance with my note, dated the 11th of last February,
the period of time for the detention of the fugitive,
according to Article X of the treaty, expired on the 5th of
last March; but as a favor, to the Government of the United
States, and to the worthy personal representation made by
your excellency, the same shall be admitted and shall be
sent to the district judge in due time, feeling certain that
the Government represented by your excellency will grant to
the Government of Mexico reciprocity in any similar
case.
In view of the above, I have the honor to request the provisional
arrest and detention of Heliodoro Garcia on the charge of assault
with intent to commit murder.
I avail, etc.,
