St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-12-07
EXTR ADDITION CASES.

EXTR RAD7TEON CASES
Xer. the Chicago EmbezzIer. MUS
stay i'm PrisOn--A Treaty CON.
| strued.
WASHINGTON, Dec GA decision wa.
rendered by the supreme court in the i'm
! pOrtant eXtraditiOn case of Frederick NJ
/ Ker, against the people of the state of Hi
nois. brought here by writ of error to the
supreme court of that state. In 1888 Ker
who was clerk in the employ of Preston.
Kean u Co.. of Chicago. embeZzled a large
sum of money belonging to that firm aid
| fled to Peru South America. Upon ap'
plcatiOn from the governor of Illinois tile
! president of the United States on the 1st O1
/ March, 1883, issued warrant for the eX-
tradition of ker and sent it to Peru by
Henry 6. Julian, who was authorized to
received The accu ced from the Peruvian
authorities and bring him to the United
| States to answer charge of larceny. Kel
| alleges that Julian. without presenting the
extradition TO any officer of the Peruvian
government and without making any de
mand upon that government for his sur
render
FORCIBLY KIDNAPPED HIM
and placed him on board the United States
vessel Essex by which he was brought to
! Honolulu. There he WAS transferred, so lie
alleged. to the steamer City of Sidney and
! brought to San Francisco and then suTren-
/ dered by the governor of California to the
| authorities of the state of Illinois as fugi-
/ tive from justice. Upon his arrival in Chi
| cagO Ker was put on trial and duly con
! victed of larceny and embeZZlelnent. lie
alleges that this whole proceeding was a
violation of the provisions of the treaty be-
tween the United States and Peru, ratified
! July 27 1874, and he appeals to the SUI
preme court upon the ground that the case
calls in question the validity for the proper
construction of treaty. The court is of
opinion that if Ker had been brought to this
country by proceedings Under the treaty of
1874 with Peru. it is probable from the
statement of the case in the rec
( ord that he might have successfully
! pleaded that he was extIadited
/ for larceny and convicted by verdict of a
/ jury of embezZlement but it is quite a diff
! ferent case when he comes to this country
/ in the manner in which he was brought
! here. clothed with no rights which a pro-
| ceeding under the treaty could nave given
| him, and no duty which the country owes
! to him under the treaty. The court thinks
| it very clear in invoking its jurisdiction
upon the ground that he was denied right
| conferred upon him by a treaty of the
! United States the prisoner has failed to
| establish the existence of any such right
| The question of how far the fOrcibie seizure
| in another country and transfer by violence
| force or fraud to this country could be
made available
TO RESIST TRIAL
in the state court for the Offense now
charged upon him, is one which this court
does not feel called upon to decide. since in
that transaction the court does not see that
the constitution or laws or treaties of the
United States guarantee him any protec-
tiOn. The court holds, however. that this
decision does not leave the prisoner or the
government of Peru without remedy for
his unauthorized seizure within its territory.
Even the existing treaty with that country
provides for the eXtraditon of persons
charged with kidnapping. and on demand
from Peru. Julian. the party guilty of it.
could be surrendered and tried in its courts
for violation OF its laws. Ker himself
would probably not be without redress, for
he could sue Julian in action of treSpaSS
and false Imprisonment. and the facts set
forth in the plea would without doubt
recover a sum sufficient TO justify the
action would probably depend upon the
moral aspects of the case. which we cannot
here consider. The Judgment of the. su-
preme court of Illinois, sustaining the de-
cision of the criminal court of Cook county
against the prisoner. is affirmed. Opinion
by Justice Miller. A decision was also
rendered by the court to-day in
ANOTHER IMPORTANT EXTRADITIoN CASE
viz: The United States against William
Rauscher Rauscher was an officer of an
American vessel who was extradited from
Great Britain to answer for the murder of a
seaman, and who was afterward brought to
trial for different offense, viz: The cruel
and unusual punishment of the same sea-
man whom he was charged with murder
ing. The case brings up an important
question which has long been a subject of
diplomatic negotiation between the govern
mentS of the United States and Great Brit
ain, and which has never before been finally
settled. viz: Whether. under the extradi-
tion treaty in force between the two coun-
tries. person eXtradited fOr one
Offense can be tried for another.
It's the same question which was
discussed by Secretary Fish and Lord
Derby in the Winslow and Lawrence cases.
and which afJerward became subject of
consideration in the English house of lords.
but which was never brOugh to definite
settlement. This court holds in very
long and carefully prepared opinion by
Justice Miller, that person who has been
brought within the jurisdiction of the court
by virtue of proceedings under an eXtradi-
ton treaty, can only be tried for one of the
offenses described in the treaty, and for the
offense with which he is charged in the
proceedings for his eXtraditi0n. until rea-
sonable time and opportunity have been
given him after his release or trial under
such charge to return TO the country from
which he had been forcedly taken under
these proceedings. Justice Mathews dis
sented from the opinion of the court on the
ground that he does not find in the treaty
anything which forbids the trial of the
prisoner for an Offense other than that for
which he was eXtradited.
THE FACTS ABOUT KER.
CHICAGO, Dec. 6.-In the case of Ker.
decided by the United States supreme court
to-day. the facts involved are interesting.
For many years prior to January 1883, Ker
had been the confidential clerk Of Preston.
Kean & Co.. bankers of this city. In that
month, having obtained leave of absence.
he pretended to start for New Orleans. At
tN~ eNd of tive weeks his employers re-