The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-01-11
4 oLAIlr AsA1Nsr FnAxoh.
Dr. Herr OF Panama Canal Netor1ety Pnts IN .
Pien fer Damages.

" =
WAS HNgToN. Jan. 1o.-Edwsrd Lauterbaoh
A. J. Dittenhoefer, and Herbert r. Lunberger
Of New York filed n brief at the State Depart
ment to-day in support of the claim Of DR.. Corne-
Illus Herr +" for pecuniary indemnity against tho
French Republic for arbitrary arrest and
detention, prolonged persecution. extortion
and blackmail, and conflscation and conversion
Of property" All tho attorneys appeared
personally before Judge Pendold. the Solicitor
Of the department. and made an argument OK
planatory of the contentious outlined in the
brief. Con. John w. Foster, former Secretary
Of State and the present Ambassador of tho
United States in the seal fisheries negotiations,
was present at the hearing. DIR. Herz's career
and tho manner in which he was pursued by
tho French Government, as told by tho attor-
neys, made an interesting narrative. Mr.. Lau-
terbach called It q romance.
DIR. Herr is the man whom the Paris authori-
ties tried to take into custody ut the time the
Panama scandal was the foremost topic OF in.
teresS in France. His claim for indemnity was
filed some time ago, but the evidence pro.
duccd then in his behalf was mcagre.
and tho legal officer Of the State Depart
ment rendered an opinion that there does
not appear any showing on which this Govern
mont can base q diplomatic claim against
France" The request to tho United States to
prosecute the claim is based on the contention
that DIR. Herr is an American citizen. He
was born in France, taken to New York by his
parents when 4 years old, was educated
In tho public. schools and the, College
of New York. and was a Lieutenant IN the United
parents were naturalized in this country. After
completing his education in Europe he returned
o a9 Z ams Of Mount Snd S SINAI rP HospisSl f in Som %s YoTe.
lie lived in California for a time: engaged In
Ifa yyifa yvao n California woman and Two OF his
children were born in San Francisco.
DR.. Herr was in England in 1892 when the
Panama scandals began TO occupy public alton
ton. His arrest and the attempts Of the French
Government to secure his e1tradition from Eng
interesting details in addition to those given in
the published. stories were contained IN the
nrgamsnt which twas was submit sn6mitte drt TO or So nf : ,Sr
pecuiiarities, Of English criminal law which
seemed entirely at variance with nineteenth
mouth, unable to leave his bed; All this
p pref aga against him BY tho French Gov.
eminent. Under an English law then on
the statute books, eStrndition cases IN England
Street Magistrate to go to DIR. Herr. and the lat
Therefore. during tho three and a half years
that DR. Herr was Ill, his house was guarded by
Finally the French Government had DR.. Herr
arrested on a new warrant charging him With
charges wero withdrawn. Parliament amended
the law to meet the special requirements OF DR..
Herz's case, and the trial took place at his bed
side, Sir John Bridge of the Bow Street
Court presiding. The Magistrate found in
the charges were without the slightest
foundation. This was in April, 1896. In
their argument, tho counsel for DR.. Herr con;
offences in connection with the Panama scan
dals. Az he could not be extradited under tho
they said. trumpet up charges against him
which were known to be without foundation,
and upon which they procured his arrest and
maintained it for three years and q half.
Judge Penfeld took the argument under ad-
visement. Many papers were filed showing DR..
Herz's American citizenship.