New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-05-11
TARDY JUSTICE FOR DIR. HERR
THE REFUSAL. TO EXTRADITE HIM RE-
LIEF AFTER MUCH PERSECUTION

REPEATED MEDICAL EXAMINATIONS OF THE IN
VALID AT Observation-Disclosures
by THE GovERNMENT-THE
LAW VIOLATED
The announcement that the British Government
or one of its courts, has decided not to grant INC
French request for extradltion OF Dr. CornehuS
Herr IL TO be welcomed triumph or humanity
and Justice. 1t Is only partial TRIUMPH II 10
true and 1t comes tardily. Yet 1t Is gra'eiui
relief to the years Of passive injustice ana ac''o
nersecution which this scientist has suffered
II Is now more than three years since DR.. Herr
was marked for persecution under the guise Oh ia"
Hopeess.y broken IN health, indeed IN mourn!
danger Of death, he had left France and gone WIN
his wife and children TO Bournemouth England III
hope OF finding there the peace and quiet which
alone could give promise Of prolonging MS me-
Then the Panama storm broke. and he was singled
out by the Radical Socialist and generally Jew
batting mob of Paris the chief object or attack
He was wildly accused OF almost every crime IN the
calendar, though not one was ever proved or even
strongly indicated against him.
On January 10. 1S93 demand was made Tor MS
extraditon. Then his troubles began. Within an
hour after the receipt of that demand the BTltsh
Government sent officers down to Bournemouth ana
placed him under arrest. He has been kept uhuer
arrest ever since At the time OF his arrest IL was
formally declared by four doctors OF unquesuohed
precarlous condition OF health. Their testimony
however. did not satisfy the Government. The
Homo Secretary sent down DR.. Russell Reynolds
70 examine him. He fully confirmed the report
But neither did that satisfy the Government i"o
months later Sir Andrew Clark and three otner
physicians examined Dr. Herr and certhed 'ha' ne
was I'm a PROSTATE condition. They declared 'hat
,. condition was much aggravated by emotion and
nhvs,cal movement and that he could pe'ther De
moved IN any distance subjected to any excite-
ment without serious peril TO his life. humanity
might properly have dictated waiVihe Oh iesa'
forms by the Government and removal OF the
police guards who constant source OF an
noyance to the sick man. 'ha' c'uiSe wa" '
however. pursued
THE PRISONER HARAssED AGAIN.
Tho British Government on the contrary. seemed
willing II not anxious 10 do all in Its power 10
disturb and harass the patient Three months after
Sir Andrew Clark's report the French Government
was permitted to send over It's physicians 10 eH-
anime DR. Herr Now. DR.. Herr was In no sense
In the hands of French justice. He was awaiting
trial IN an English court under the extradition
treaty. for the very purpose Of deciding whether he
yas N no handed over to the French courts or not
Navertheless Drs Charcot and Brouardel were
allowed with or without his permission 10 examine
the patient They reached the hotei "heie VIC "s'
under police surveillance only httie peiore '''u
nigh. No word Of warning OF their approac" was
N
and subiected 70 n rigid physical examination
Again. the next morning. the two French doc'o'S
rev,s,,o1 him and examined him again Iheir re-
. was ms. what might have been eNPeo'''
The declared that they found him extremely weak
II was not impossible for him to snrV've o"' ma
possibility did not warrant disregard OF '"e p'0'
ability OF sudden fatal end
Tho French Government. with the consent II NOT
~, ala ~ tho British Government. appeared intent
~ ,rylrg e,the- 10 worry him 10 death or at least
N 6rd soma doctor who would declare MN well
enough TO be taken TO London for triai ana 'neno "
France A few weeks after DR.. Cnarco' ''s'' wv
more French physicians were sent over 10 eA"'''''
him and were allowed TO do so. they serVea INC
nurnose for which they sent much better than
their predecessors They declared II would De pos
slhle 70 remove hin, from Bournemouth' ou. eve"
,hev took care TO guard their statements There-
upon the British Government sent Dr fusse"
REYNOLDS down again. He reported more emphat'-
callv than before. that TO remove Dr herz "ouiu
endanger his life A month later the physicians In
attendance upon DR. Herr called In Sir william
Rroodbent who examined the patient and declared
tina, It would place his life in imminent danger 10
take him 10 London.
UNDER ARREST THREE YEARS AND HALF.
Certainly Mt this time It would seem as though
the British Government might properly have maze
an end of the case In some way. Dr. Herr hau MOI
been proven guilty. and therefore he was supposed
TO be Innocent. But, month after month, ana year
after year. he was kept under police surveillance.
practically and technically under arrest. And such
was his plight for nearly three years and half
In is purely legal aspects the case seems no less
scaudalous The law has been hagrantly violated
over and over again. Indeed, the foundation OF
the whole case against him was Illegal The sur
render OF him to France demanded under the
extradition treaty But that treaty explicitly
declares that accused or convicted person shall
be surrendered 10 answer for political offence or
FOR an act connected with political offence. 1t Is
quite true that the charge against Dr. Herr was not
In Itself political But rational man ever
doubted that 1t chiefly political In its origin and
pressed for purely political reasons. The
French Government had determined. for political
purpose. to make a scapegoat OF him.
He was first summoned by the French Govern
ever. ~ Bourgeois the Minister OF Justice who has
since been Prime Minister substituted for the sum-
supported by no proofs and by no sworn evidence
II accused Dr. Herr at the worst, OF nothing but
as II was. the British Government arrested Dr. Herr
at an hours notice. and held him prisoner on his
sck-bed for more than three years.
NOT FUGITIVE
supposng however. that the charges against DR..
Herr were not political his arrest In England was
stl irregular and illegal. In such case an Eng
lish magistrate Issue warrant only for the
arrest OF a fugitive. Dr. Herr not fugitive
He had come to England long before any charges
were made against him. As soon as his name
vas mentioned In connection with the Panama
scandals he telegraphed TO the French Govern,
ment OF his own voiton. offering to go over and
testify fully. HIS doctors learning this. FORBADE
nm 10 go SAYING that TO do would probably
xiii him. rhereupon he sent another message s,,s to
the French Government, volunteering 10 answer |
any questions that might be asked him and TO
supply all DOCUMENTARY evidence In nj. poss mon1h
after this that the demand for his extradtion was
made At that time both Governments knew per- |
fectly we'll that II impossible for him 10 cross
the Channel without seriously endangeriny MS IRE
Under such circumstances there was surely h'''e
Justice In arrestng him as a fugitive.
Again the British magistrate had power 70 issue |
warrant only on the production of sworn eVi. |
dence As has already been stated, not word OF |
such evidence produced. or. indeed, ever ex-