The border vidette., 1898-11-17
THE TEMPLE CASE,
Tho Prisoner Spirited Away
 ts Maedalena.
Uncle Sam Demands Temples Re- lease but Mexico Still Holds
 Hum Without Bail.


 James Temple case. U. s. Consul Darnall has placed all tie facts in the case before the department at Wush- ington and the department has in structed Minister Clay ton to demand the immediate release of Temple, but the Mexican government is still hold ing the man under the pretext of investi sating the matter.
 Col. w. P. Harlow went to Magda- dalena Monday with a message to remple iron Consul Darnall, and was first refused admission but after show ing the order and over two hours of parlying the colonel was permitted to see the prisoner, who had been spirited away from Nogales early Saturday morning and placed onto the cars at Agua Zarca. It seems tho Mexican authorities feared friends of Temple would take klm from the officers here should they got chance and they were not far wrong for there has been a movement on the part of Tetnpie's $ f. tends here to see fair play as they realize Mexico has no more right to hun than they havo to any other Ameri:an citizen.
 1t now turns out that the man Temple is supposei to have killed was an American citizen uader our laws, he being born in Arizona twenty years ago of Mexican parents and resided continuously in the United tates since. Mexico is tAet efore holding an Ameri an citizen for kill ing an Anne ican citizen on American soil This does not bother Mexico much though as she has slapped Uncle $ ,m in the face more than once and received 20 rebuke
 The Uritel States will in this cnse push 1t to the iinit to determine just how much authority Mexico has in the United States and this should be done to settle 10: ali time such cases.
 The following teie .ram from Wash ington will be of interest to these who are interested in the cas-:
 WASHINGTON, Nov. 14-The State Department Is making strong efforts to secure the release of the Americ ,n, Tenue, who Is now in a Mexican ] ,il on tue charge of murder committed in the United St tes, and 1t has Instructed Powcl C,ayton, United States Minis ter to Mexice, to address himself di- rectIy to the Mexican Foreign Office on that subject. T"e principle in- voIvei in the case Is regarded as of the figh- st importance, fo" if Temple Is heIl fer trial by the Mexican authori- ties, 1t wilt amount to an admission on tie part of the Unitei States of the right of Mexico to exercise extra-terri- torial jurisdiction over American soil.
 Ibstantially the same claim was in- voive in the celebrated Cutting case, ~ hich came very near causing a breach of IT endly relations, and 1t arose again in the more rccept case Of Leonardo Pacheco. Cutting was released by the Mexican government only after trial. Pacheco was released, but not on our demand, aud in no case has the Mexican government surrendered it's view that it had a right to try a per son Fl Mexico for an otfensc committed ir the United States. Cutting was ;n idil for several months, and Pa theco for two years. It is not at all pro- Dable that any such delay will be per mittei in the Temple case, for the Ari- zona authorities might easily bring the matter to an issue by demanding the extradition of Tea,ple for killing man within the border of their Territory
 But even accepting the Mexican co intention that it could try an Amer ican for killing a Mexican in the | United States, It seems probable that thc State Department can demonstrate that the rnan, Arvallo, who was killed | by Temple, was not, as his name would | imply. q Mexican. Ihe Arlzena au thorities say that he was born in that Territory, and although his parents ere unnaturalized Mexicans, under law he was Unitel States citizen. Ii this fact is established legally, the Mexican government will be put m the peculiar position of trying one Amer |