The daily morning journal and courier., 1897-02-16

"' ~Ao''Voo-frlsoner Claims that Owing
 to His Office He is Exempt From Action
 Magistrate Cornell at Loss as to His
 Jurisdiction in the Premises.
 New York, Feb. 15.-ConsuI General lasigi of Boston, charged with the en- bezzlement of $167OOO, was taken to court this afternoon. He refused to discuss his case. His attorneys, Fred eric Coudert and James Richards, ar- rived in court soon after o'clock,
 Until 4 o'clock General Peabody was closeted with Clerk Crocheron in the magistrates private room. They were engaged in drawing up the complaint. At the same time Lawyers Coudert and Richards held consultation with their client in the private, room of Stenogra- pher Davis
 General Peabody, before the con- plaint was presented to the court, said to a reporter that Peter Charles Der- leux and Charles Armand de Ia Villard- 1ere had been defrauded by Iasigi of their fortunes, which aggregated $167,- OOO General Peabody declared that to his mind clear case had been made out of criminal action on the part of Iasigi General Peabody was shown a dispatch from Washington which stat ed that the Turkish embassy had taken up the matter and was going to carry it to the federal courts. The dispatch stated that Iasigi as a consul had in- munity from arrest under the laws of the United States, and the officials who had OWarrII1ad thiS Ia rIor be likely to get into trouble. General Peabody read this dispatch carefully and smiled as he said:
 ''The law of the state specifically states that only ministers and ambas- sadors are exempt from arrest, and is absolutely silent regarding consuls. The magistrate ruled on this question yesterday, and he decided according to law.''
 Lawyer Coudert took different view of the case. He said: Tt is not a question of state law, but of federal law. It has been decided in the court of appeals that consul is exempt from arrest. A consul owed a board bill and did not pay. When ar- rested he did not plead exemption be- cause he did not know his rights He lost the case, but in the court of ap- peals the decision was reversed because the judgment had been rendered against a consul who was declared to be exempt from arrest. We will renew our motion to-day in order to get it or the record, and if it is denied by Mag Gistrate Cornell further steps may be | taken"
 It was considerably after 4 o'clock when Iasigi was arraigned. Magis- 1 trate Cornell read the complaint, which was a volumfnous one and was drawn up by Detective Reidy. It charged that Iasigi had been reported to the municipal criminal court of Boston as an enbeZZlcr of the proceeds of the sale in 1893 of no shares of Chicago, Bur- lington and Quincy bonds, the proper- ty of Peter Charles Derieux to the ex- tent of $S,000. The complaint states that other sums also had been embez- zled, but no specific sum was mention ed. Iasigi was accordingly charged with being fugitive from justice. | Accompanying Reidy's affidavit was one signed by General Peabody, which | simply was corroborative of the detec- tive's charge. When this was read by the magistrate, Lawyer Coudert seem- ed surprised.
 | Did General Peabody sign that com- plaint?" asked he.
 'Yes,'' replied Magistrate Cornell. Then replied Lawyer Coudert, s'as | he is a complainant as well as a coun- | sel, I have a right to question him. General Peabody, are you not acquaint- ed with MT. Iasigi?'
 "Yes,'' replied General Peabody. "T have known him for a number of years"
 And he is man of high standing in your city?"
 "He has been.''
 And now you charge him with em- bezzlement?''
 "Yes-from Peter Charles Derieux and from Charles Armand de la Vil- lardiere"
 | ''Why, did he not show you any au- | thority for his actions, or power of at- torney?"
 1 'Yes, he showed me what purported to be a power of attorney" replied Gen. era1 Peabody.
 'Why do you use the word 'purport- ed?"
 Because I do not know that 1t is val. id," was the reply.
 l Come, come, General Peabody, don't let us fence. That is the trouble with lawyers as witnesses. They either want to fence or make a speech. Your honor, will abandon this cross-exam- ination. I will merely say that Iasigi had power of attorney for over thirteen years to sell and negotiate with the money of these two estates. His fath- ed had it before him, and in the cus- tody of my client both estates have in- creased five to ten fold. I would like to see them attempt to prove some spe- cific act of larceny"
 | General Peabody then replied to the effect that in 1896 Iasigi, in rendering a quarterly statement to Derieux and de la Villardiere, had represented that 110 shares of Chicago, Burlington and Quincy stock still remained in their estates, when in fact the stock had been sold in 1893, when he had agreed not to sell it.
 i Even if that were true" said Law yer Coudert, there would be no larce- ny in that That is simply case of a civil suit"
 "I do not care to go into this mat ter" said Magistrate Cornell, after con- | ferring with Assistant District Attor- ney Lindsay, who was seated beside him, "to the extent that would be done in the Postou courts The only OueS-