The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1898-11-15
AEX|CO'S RANK CLAIM
To Extra-Territorial Jurisdic-
ton Again Raised.
LIKE THE CUTTING CASE
Is That of Temple, Now in a
Mexican Jail.

Nogaies. Ariz., Nov. Ii-Much excitement
exists here n conseo uence Of an episode
which threatens 70 result il International
complications, On Sunday lasr James
Temple, a conductor on the New Mexico
and Arizona railroad, was attacked by
some Mexicans and n defending himself
shot one OF them. Juan Arvalla, fatally.
This occurred about . 900 feet north OF the
International boundary line. Later ne re-
turned TO his hotel, which IS south OF the
line, and was arrested BY Mexican Of
dcers On q charge OF murder. the law Of
the State OF Sonora providing for The trial
OF any person charged with crime against
a Mexican citizen, though the crime may
have been committed II foreign coun-
try. Friends OF Temple engaged an at
torney, but the Mexican authorities re-
fused TO allow the prisoner 10 De seen
United States Consul ]. F. Darneu then
appealed TO the state department al Wash
ington, and has received the following tele
gram:
washington, D. C, Nov. "A
"Darnell, Consul. Nogales, Mexico.
Have wired legation at Mexico 20 de-
mand immediate release OF Temple.
(Signed) HAYS,
Secretary of State"
As yet 10 word has been received from
the City of Mexico. Temple is IN the
prison at Magdalena-
Washington Nov. N-The state depart
ment is making strong efforts 10 secure
the release OF the American, Temple who
is now in a Mexican jail on the charge OF
murder committed in the United States
and il has instructed Mr.. Powell Clayton
United States minister TO Mexico. 70 ad-
dress himself directly 20 the Mexican for
eign office on that subject. The principle
involved in the case IS regarded as OF the
highest Importance. for if Temple IS held
for trial By the Mexican authorities it viii
amount TO an admission on the part Of
the United States OF the right OF Mexico
to exercise extra-territorial jurisdiction
over our soil. Substantially the same
claim was involved in the celebrated Cut
ting case, which came near causing a
breach OF friendly relations and II arose
again in the more recent case Of Leonardo
Pacheo. Cutting was released b. the
Mexican government only after trial
FacheO was released. but not on our de-
mand and in no case has the Mexican
government surrendered its View that II
had right 70 try a person in Mexico for
an Offense committed in the United States
Cutting was IN jail for several months
and Pacheo for two years. Il is not al all
probable that any such delay viii be per
mitted in the Temple case. for the Art
IONA authorities might easily bring the
matter TO an issue by demanding the ex-
tradition Of Temple for killing man
within the borders Of their territory
BY even accepting the Mexican conten-
ron that IL would try an American for
killing a Mexican in the United States. Z
seems probable that the state department
can demonstrate that Amarillo. who was
killed BY Temple, was not, as his name
would imply, q Mexican. The Arizona
authorities say that he was born N tina.
territory, and although his parents were
unnaturalized Mexicans. under our law
he was a United States citizen II this
fact IS established legally. the Mexican
government would be put in the peculiar
position OF trying one American citizen
for killing another American citizen on
American soil.