Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-03-09
A DECISION RESERVED.

The Argentine Legation BeOkkeeper
Charged With Elmbezzlement.
The case of Manuel Almagro. the Argen-
tine minister's bookkeeper, who failed to
break the bank at jackson City with his
employers money and then got arrested,
was set for today In the Police Court, and
the prisoner, handcuffed to another man,
was brought up in the little prison wagon,
and at noon he was called before Judge
Miller.
Senior Don Estanislas S. Zeballos, the Ar
gentine minister. was not present in court,
nor were any other witnesses, as the gov
eminent had been informed that the pre-
liminary examination might be waived.
Lawyer Frederick Mckenny appeared as
the prisoners counsel and said he was
ready to waive an examination, but he de-
sired to interpose special plea questioning
the jurisdiction of the court as well as the
legality of the arrest and detention of his
client. L-'o
He then stated the facts in the case con-
corning the movements OF the alleged en-
bezzler after the alleged defalcation was
discovered, telling of his trip to Cuba, where
as he said. were not acceptable to Minister
Zeballos. i'7..'
He told of this part; of the case to show
that his client made no effort to escape the
consequences of his alleged unlawful con-
duct.
- A Special plea.
Judge Miller informed counsel that he
would have to dispose Of his special plea
before an examination could be waived, as
the waving Of an examination would leave
only one course open for. the court. and
this was to send the case to, the grand
jury. y / .-s ,fll, 7'''n
In view of the courts remarks counsel
withdrew the waiver and presented his
plea. The arrest, he said, was made within
t,1e 81 Iva hnY ahnl nf no
Argentine minister. The prisoners en-
ployment, said counsel. made him a MEM
Der of the official household, and as such
he was exempt from arrest.
Mr.. Mullowny, for the prosecution, said
that the defendant YVES not registered as
an attache of the household. Under the
law, he said, it Is necessary that he shall
be registered at the State Department, and
his registration must be reported to the
marshal. He referred to section 40G3 of the
Revised Statutes relating to the District
of Columbia, which the court read, but
this paid special reference to domestics IN
the matter of debts contracted by per-
sons, citizens of the United States, before
they were employed by foreign represent
tative.
Counsel for the defendant, continuing his
statement, said that his client, in addition
to being the secretary and bookkeeper OF
the minister, was translator for the lega-
ton and received his pay from the Argen-
tine Republic,
s'The minister denies that he caused the
arrest and has left town." said counsel.
In answer to the courts inquiries counsel
said that his client was naturaliZed citi-
zen of the United States; that in connec-
ton with his duties at the legation ne was
translator of languages and was borne on
the rolls of the foreign office as such.
Counsel referred to decisions bearing on
the question as to whether or not persons
in such employ were exempt from the
operations of the law.
Judge Miller referred to several cases,
but said that as the matter was of so much
Importance he did not care to dispose OF
the case until he had fully examined the
law and had heard all the authorities. The
case went over until Monday afternoon for
further argument.
Matter of Bail.
Counsel then asked that bail be fixed, and
the court named $500 as the amount. think
ing that only small sum was mentioned
in the warrant.
Mr.. Mullowny called the courts atten-
ton to the fact that the warrant charged
the emhezzlement of 5000, and asked that
bail be fixed at 5000
Counsel for the defendant thought this
amount excessive. The bond, he said, is
required only for the purpose of bringing
the defendant to court, and to show that
he had no desire to escape, counsel re-
peated what he said of the prisoners
movements between here and New York,
and the latter city and Cuba.
The court finally fixed the amount at
$1,000, and the prisoner was returned to
the dock.
Postmaster General Bissell and wife ar
rived at Buffalo Thursday evening, Mr..