Daily Kennebec journal., 1897-02-16
IASIGI'S HEARING.
Arraigned at New York, Mon
day, for EmbezzIement.
His Counsel Claims that He Is Exempt
from Liability to Arrest.
The Case Continued Uatil Teday-iasisi p.
rolled 10 counssl's Care.

\
rolled IN counssl's Care.
New York Feb 15.-Mr. Iasigi. tn,
Boston Turkish consul. was taken I,
cuss his case. Until o'clock, Gen. Pea
body and Clerk Crocheron were in tn,
magistrates private room, engaged /,
| drawing up the complaint.
Gen. Peabody. before the complaint
porter that Peter Charles Derieux ant
Charles Arhamend de la Vi-ardiere had
been defrauded by Iasigi of their for.
tunes. which aggregated slG7, 900 Gen
| PEABODY declared that to his mind clear
case was made of criminal action on thu
a dispatch from. Washington whici
states that the Turkish embassy had Ia.
Ken UP the matter and wa@ going to
carry it to the federal courts The dis
patch stated that Iasigi as consul had
| immunity from arrest under the laws OF
the United States. and that officials who
had oyerruled his law. yesterday. would
be likely to get into trouble.
Gen. Peabody read this dispatch care
fully and smiled as he said: The law OF
the state of New York specifically states
exempt from arrest. and is absolutely ST.
lent regarding cOnstIis. Tho magistrate
| ruled on this question. yesterday. and he
decided according to law
Lawyer COudcrt said: 1T is not n
question OF state law but the United
States law. IL has been decided in the
court of appeals that n consul Is exempt
from arrest. consul owed a board bin
and did not pay. When arrested he did
not plead exemption. because he did not
Know his rights. lie lost the case. hut
in the court of appeals the decision was
reversed. because the Judgment was rem
dered against a constl who was declared
exempt from arrest. We will renew our
motion. today. TO get il on record. and IL
it is denied by Magistrate Cornell. further
steps may be taken''
II was considerably after O'Clock.
Cornell read the complaint Ii charged
that Iasigi had been reported to the mu-
nicipal criminal court of Boston MS an
.mbezzler of the proceeds of the sale. In
lSri or ITO shares of Chicago. Burlington
Quincy Railroad bonds. the property OF
Peter Charles Derieux. to the extent Of
*seU. me complaint states that other
sums have been embezzled but no speci-
lie sum was mentioned. Iasigi was ac-
cordingly charged with being a fugitive
from Justice. An affidavit signed by Gen.
When this was read by the magistrate,
Lawyer Coudert seemed surprised.
Did Gen. Peabody sign that COM
plaint?" asked he.
Yes replied Magistrate Cornell
Then. replied Lawyer Coudert ''as
he is complainant as well as counsel. III
have a right to question him. Gen. Pea
pody, are you not acquainted with Mr..
Iasigi?'
Yes replied Gen. Peabody. '.I have
known him for a number of years.
your city?''
He has been.'
And now you charge him with en-
..Yes-from Peter Charles Derieux and
from Charles Armand de la villardiere"
Diu ne not snow you any authority for
MS aetions or power of Attorney"
Yes, he showed what purported to be
power of attorney" reDlieal Cen Pao
body. ep"e' ,'e"' rea
WHY do you use the word .pur-
Because / do not know that If Is |
valid" was the reply.
Your Honor. I will merely say that Ia
sigi had power of attorney for over IS |
Years TO sell and negotiate with the
money OF these two estates. His father
mad 1t before him: in the custody of my
client and under his watchful care both |
fold. In the charge they do not say that |
ne embezzled the principal but simply /
tnat ne misappropriated the profits OF |
Il ms investments ! would like to see them /
ceny."
Gen. Peabody replied to the effect that
N m ISs6 Iasigi, In rendering a quarterly |
statement to Derieux and De la Villar-
diere represented that no shares Of G.,
=. Q. Railroad stock still remained in i
their estates. when in fact the stock had |
sell it,
Magistrate Cornell concluded to first i
decide whether he had jurisdiction in the i
his client was an accredited agent of n /
Ioreign power and consul general at Bos-
ton; ne was exempt from arrest.
,ensraioe' rs tnere ny any proof that he is consul
HOW about that. Gen. PeabOdy?"j
asked Lawyer Coudert.
he has that reputation in Boston,"
name on the office door. / claim that n |
,onsul Is nothing but a business agent Of
country. and his house or where he
'itory. Of the government he represents.
ma therefore he is not exempt from ar
est. The laws of the state OF New York
ire decisive In saying that ministers and
mention conSuls''
Lawyer Coudert referred to article 3. Of
~ prOvisions of the United States con-
;pdtution. which relates to all cases con-
ei ming ambassadors. ministers and coun-
uls He quoted the decision of the court
\ u appeals In the case of valerino vs.
thompson; whose case he had spoken
bout to the reporter.
must ask you gentlemen said Magis-
rate Cornell. to agree to an adjourn
nent OF this case until tomorrow morn
md advise over the situation. l will
'arole the prisoner. Lawyer Coudert, in
our custody if you will care to assume
he responsibility"
II think he is very comfortable Mt head
uarters. replied Lawyer Coudert. and he
tarted to leave the court, but was
topped by reporter who said to him:
do We understand. Mr.. COudert that :
gu refuse To assume the responsibility .
4 having the consul parolcd In your
ustOdy?" IL
oh, no. no.. replied Lawyer C0udert,
don't put IL that way"
What other way can you put it?"
"Weli. IL you look mt ii that way, /,
most certainly will take the risk and !,
lawyer t'oudcrt went before the magis- :
rate and agreed to be responsible for
asigi's appearance in the Center Street G
ourt. tomorrow morning at II. 4
All parties concerned then left the court '.
ssistant District Attorney Lindsay said I
fterwarfls, that the law relating to the q
of representatives of foreign r
atiOns from being arraigncd In civil
Durts was evidently framed in the belief q
nat the dignity of representatives and OF I
ations themselves would he harmed by 4
lch appearancc.and therefore they could =
e tried only In federal courts.
He said he believed without a close ex- I
into the statutes and prece- 4
ents. that this would cover the criminal ,
Continued on page ~
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