New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-02-16
COMPLAINT TO MIR. OLNEY.
THE TURKISH MINISTER SAYS MR..
IAsIGI WAS IMPROPERLY ARRESTED.
STATE DEPARTMENT Authorities. IT Is SAID
BELIEVE THAT ONLY FEDERAL. COURTS
HAVE JURISDICTION IN THE CASE

NAVE JURISDICTION IN THE CASE
THE HEARING HERE
rsr TELEGRAPH TO THE rRIpuNEl
Wellington Feb. 1I-According to officials
;. the state Department. the New-York Police
authorities who arrested and the Magistrate who
o,,-,itted Joseph A. Iasgi the Turkish Consul
General al Boston have made a mistake and will
,ava 10 undo their action. The Turkish Minis
,.r Mustapha Bey. has lodged With the State
Densr,nnent a protest against the proceedings.
and while the Department is still looking up
authorities and studying presidents, II has al
ready been practically concluded that the arrest
WAS Illegal. The laws provide expressly that
foreign Consul can be tried only under Federal
process and before Federal court He is not
exempt from prosecution, like diplomatic Off,
cor but he has the privilege named and so far
az the information the hands of the Depart
rn4nt Z State shows. this has been denied him.
The proceedings at Boston were initiated before
local courts, in fact. a Magistrates court, and
.he arrest AT New-York made by local au-
;horlty. namely. the police Therefore. it is
probable that the attention Of the Governor of
New-York will he called to the infraction or the
consular privilege. and Mr. laSgi will be re-
leased There is nothing, however. to prevent
his prosecution before the United States courts.
AVID he may be rearrested by the United States
Marshal upon his release by the municipal au-
,horiues.
Information that the Turkish Minister had lodged
a protest with the State Department against the
arrest Of the Turkish ConsulGeneral AT Boston was
conveyed 10 District Attorney Olcott by repre-
sentative of The Tribune at O'Clock yesterday af-
iernoon. II not surprised TO hear il, was the
frs; remark made by Mr.. Olcott; I'm fact, may
say that I have been expecting that such news
would arrive before night After reading the dis
patch from Washington saying that foreign con-
sui could only be tried under Federal process ana
before Federal court. the District Attorney said:
J have not examined this case with any care. ana
am not: therefore, prepared to express any positive
opinion regarding il. Nor would care TO say what
ne law is without having an opportunity 10 exam
me il All know about the case Is wha' nave
learned from a casual reading OF the accounts
p-inted in the newspapers. My impression. ho"-
ever is that warrant issued as this one Is al
eced 10 have been issued. by a local magistrate
sitting in Boston would have no binding or even
urisdictional force on the New-Hork police. Be
vond that do TO express any oplmoH'
The case has not yet come before this once III any
way. II still police case. so Tar as am H.
The officas Polio Headquarters dscned 10
disC-.e the matter United States District Attor-
rey McFarlane had nothing 10 say on me suoJSct,
NJ Iasii Was arragned r. the centre Stree. IHui
y.ste,,j4v afternoon. he was represented by FREQ
o.. p Coudert and Charles Richards. of the an arm
n. ouIelt Brothers. General Francs fedood! il;
R-s.on who represents tn estates the funds o.
>7,ca il i alleged Iasgl msapp, opria ted was pre-.
v in henalF u the defendant. The compliant dGaln't
NJ r-.gi charged that he had been reported 10 tne
Nlr,,ip8i Criminal Court Of Boston as having az
rlpriae the proceeds Of the sale 81 ~ shaico OF
'-icas1 Burlington and Quincy Railroad bonds me
u,outI;y Of Peer Charles DerieuX. The sale Is
,d -ook pace in 1898. ana the amount redAze1 was
$500 Mr. CoUder. sad that Mr.. lasG. had hdd tne
o. Ne Of attorney OF thc DereuX estate ana dno hef
~ ma that In making The sale ne had acted wholly
n, hin his province Furthermore, Mr. Coudert says
- = no; charged that Mr.. lasiGi emhezzled the pm
ciYal hu; simply that he Incorporated he pTohis
% MS investments. ~
neral Peabody replied that in 1896 IasSi In ren-
derirc quarterly statement. represented mat tl7 20
shares OF stock question were still part OF the
esja.e when IN fact the stock had been sold in 1893
o.. which time he had agreed not TO sell il. Even /
ma; were true said M COudert. there would be no
larceny. That j. 4 for civil court.
Magistrate Cornell adjourned the case after a short
hearing un:i J. today in order that he might
have line 20 determine whether not ne had juris-
.ir-i10 IN no matter Mr.. lasig was paToled in the
ls:Ody Of ais counsel
Genera Peabody holds in the question Of jursdc-
"A consul * amenable TO the Jaws of New
York State and only ministers and ambassadors
afe exempt from arrest Mr.. Coudert. the other
1au5 ci'es Cour; Of Appeals decision prove that
"a ,onsui cannot be arrested and thai the present
question e with which oniy the FEDERAL courts