File No. 211.52L89/4.


Sir: Referring to previous correspondence relative to the refusal of the United States commissioner at New York to cause the provisional arrest of Tómas Loscesta and Lazareto Calvo, whose extradition [Page 719] is desired by your Government, I have the honor to transmit herewith copy of a letter which has been received from the Attorney General, from which it appears that Commissioner Shields declined to cause the detention of the two men for the reason that the Spanish consul general at New York was unable to furnish sufficient information concerning the offense to warrant arrest under the treaty provisions between Spain and the United States.

Accept, etc.,

Huntington Wilson.

The Attorney General to the Secretary of State.

Sir: Referring further to your telegram of the 9th instant, requesting that the United States attorney be instructed to confer with the Spanish consul general and assist him in securing the arrest of Tómas Loscesta and Lazareto Calvo, charged in Spain with fraud, under the provisions of article 13 of the treaty, I have the honor to quote below for your information the essential portion of a letter under date of March 10, 1911, from United States Attorney Wise in the premises, to wit:

Upon receipt of that telegram I immediately took the matter up with Commissioner Shields and learned from him that he had declined to act for the reason that the persons who presented this matter to him were unable to state what, if any, crime the persons were charged with. The papers which these persons presented to the Commissioner seemed to indicate that the parties desired had been guilty of some crime in the nature, of a breach of trust, but did not disclose the time when or the place where the crime was committed, or the character of the offense or the persons who had been defrauded. The commissioner felt that the charge was insufficient and suggested that the persons presenting the matter to him see the counsel who usually represents the Spanish Government in such matters, who is Mallet-Provost, Esq., of the New York bar.

Learning these facts from Commissioner Shields I endeavored to get into communication with the Spanish consul general, but found that he had gone for the day. This morning my representative has seen the consul general and was notified by him that he did not have any information and that the counsel of the consulate, Mallet-Provost, had informed him that it would be impossible to take any action in this matter until further facts had been obtained.

Very respectfully,

(For the Attorney General,)
W. R. Harr.