235.11 B 76/90

The Minister in Paraguay ( Mooney ) to the Secretary of State

No. 794

Sir: In confirmation of cablegram of this Legation, No. 19, dated May 8th at 12 o’clock, noon,7 I have the honor to inform you that Doctor William H. Bricker, alias William H. Moore, a criminal fugitive from Pennsylvania, left Asunción on the 8th inst. for Buenos Aires en route for the United States. He was in the custody of Mr. Fred C. Voigt, an officer of the Philadelphia police Department, who, as a matter of precaution, was accompanied by a Paraguayan officer to the Argentine border, and will be accompanied by an Argentine officer from there to Buenos Aires.

The criminal Bricker finally contributed to his own extradition in the way of waiving further contest after the crumbling of a number of preliminary defenses he sought to interpose. The extradition, which was formally granted by the Paraguayan Court, was upon the application that he be extradited to receive sentence under his conviction for abortion in the Courts of Pennsylvania, and to answer to the charge of an indictment for a second offense of the same nature, pending in the same jurisdiction. No disposition was made of the application for his extradition on the charge of perjury. This application is still pending and the accused has refused to waive any defenses he may have hereto. This Legation is of the opinion that, under the illiberal construction controlling proceedings of a criminal and quasi-criminal nature, perjury, so designated, is not an extraditable offense under the Extradition Treaty between the United States and Paraguay.

I have [etc.]

Daniel F. Mooney
  1. Not printed.