File No. 211.52L89/4.
[Untitled]
Washington
,
March 17,
1911
.
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.,
[Inclosure.]
The Attorney General
to the Secretary of State
.
Department of Justice,
Washington
,
March 14,
1911
.
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.
