Evening journal., 1897-02-16
THE ARREST OF IASlGI.
Turkish Minister Complains to
Olney About 1t.
IS SAID TO HAVE BEEN ILLEGAL

State Department Authorities, 1t Is Stat
cd. Hold That Only Federal Courts Have
Jurisdiction In the case-Thc sultaui
Representative Arraigned.
WASHINGTON, Feb. 16 6-Accordlng tc
officials of the state department. the New
York police authorities who arrested ano
the magistrate who committed Joseph A
Iasigi, the Turkish consul general at Bos
ton, have made a mistake and will have
TO undo their action. The Turkish minis
ter Mustapha Bey, has lodged with ths
state departments protest against the pro
ceedings and, while the department. IL
still looking up authorities and studying
precedents, it has already been practically
concluded that the arrest was illegal. This
laws provide expressly that a foreign con.
sui can be tried only under federal process.
and before federal court He is not ex
empt from prosecution, like "a diplomatic
officer, but he has the privilege named
and. so far as the information in the hands
of the department OF state shows. this has
been denied him. The proceedings at Bos
ton were initiated before local courts-ir
fact, magistrates court--and the arrest
mt New York was made by local authori
ties-namely, the police Therefore, it is
probable that the attention OF the governor
of New York will be called to the infrac
ton of the consular privilege and Mr.
Iasigi will be released There is nothing
however, to prevent his prosecution before
the United States courts. and he may be-
rearrested by the United States marsha
upon his release by the municipal authori
tiea
District Attorney olcott Not Surprised.
NEW YORK, Feb 16.-when the infor
nation that the Turkish minister hao
lodged protest with the state department
against the arrest of the Turkish consul
general at Boston was conveyed TO Dis
trict Attorney Olcott. he said II am moi
surprised to hear it. In fact. I may say
that have been expecting that such new.
would arrive.
After reading the dispatch from Wash
ington saying that a foreign consul coulo
only be tried under a federal process and
before federal court the district attorney
said: Il have not examined this case with
any care and am not therefore prepared
to express any positive opinion regarding
II. Nor would l care to say what the law
is without having an opportunity to ex
anime It, All l know about the case il
of the accounts printed in the newspapers
My impression, however, is that warrant
issued, as this one is alleged TO have beer
issued, by local magistrate sitting in
Boston would have no binding or ever
iurisdictional force on the New York po
lice force. Beyond that do not care tt
express any opinion. The case has not yel
come before this Office in any way. 1t IL
still police case. so far as am informed.
The officials at police headquarters de
clined to discuss the matter. United State.
District Attorney McFarlane had nothing
to say on the subject.
IasIgi Arraigned In Court.
Mr. Iasigi was arraigncd in the Center
Street court yesterday afternoon. He wai
represented by Frederic r. Coudert ano
Charles Richards of the law firm Of Cou
dert Bros. General Francis Peabody Jr.
OF Boston, who represents the estates tn,
funds Of which it is alleged Iasigi misap
proprated, was present IN behalf OF tn,
plaintiffs. The complaint against Mr. Ia
sigi charged that Doe Lad llen reported tS
the municipal criminal court OF Boston %,
having appropriated the proceeds of tn,
sale OF 10 shares OF Chicago, Burlington
and Quincy railroad bonds, the property
of Petor Charles Derieux. The sale, it i,
said, took place in 1898, and the amount
realized was IS, O0O Mr.. Coudert said that
Mr.. Iasigi had had the power of attorney
of the Derieux estate and another one, and
that in making the sale he had acted
wholly within his province. Furthermore
Mr. Coudert says it is not charged that
Mr. Iasigi embezzled the principal, but
\ simply that he misappropriated the profits
. Of his investments.
General Peabody replied that in 1896
Iasigi in renderinga quarterly statement
represented that the 40 shares Of stock in
n question were still part of the estate
when in fact the stock had been sold in
1898. at which time he had agreed not t.
sell it. even if that were truo, said Mr.
Coudert there would be no larceny. Tha
is a case for a civil court.
Magistrate Cornell adjourned the cas-
after short hearing until 1 q. m. toda!
+ in order that he might have time TO deter
mine whether or not he had jurisdiction II
the matter. Mr.. Iasigi was paroled in tn
custody of his counsel.
General Peabody holds in the question
of jurisdiction that consul is anenabl
to the laws of New York state and tina
only ministers and ambassadors are exemp
from arrest. Mr. Coudert, on the othe
hand, cites court OF appeals decision &
prove that a consul cannot be arrested ant
that the present question is one wit
which only the federal courts should deal
Dunlop to Go 60 Prison.
WASHINGTON. Feb 16-The suura,n