The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-02-01

Will @SSl tlS6SS
FOR ADACHI.
The time for which Adachi is to be
held in Jail in Yokohama to await his
deportation by the United States, has
expired under the terms of the extra
dition treaty with Japan, and it appears
that there is no longer any legal au-
thority for holding him to await the
arrival of Marshal Hendry. The time
when under the terms of the treaty h
had an apparent right to demand lib
erty arrived about two months ago,
and it has been reported here that he
was accordingly released and has left
Japan. 1t is believed, however, that
the authorities, knowing that action
was being taken here, held him in Jail.
The eXtradition treaty was made before
the United States had any idea of an
nexing Hawaii, and did not take into
consideration the long time necessary
to get papers here from Washington.
Saburo Adachi is said to be the first
man for whom the aid of the extradi-
ton treaty with Japan was invoked.
The treaty was made in 1856, during
Clevelands first term as president, and
was signed by Ambassador Richard b.
Hubbard for the United States, and fol
Japan by Count Inouye Kaorn, who APP
pears in the document as Minister of
State for Foreign Affairs, First Glass
of the Order of the Rising Sun, etc,
OF 70 3 Of
| Limitations on which it is said Adachi
might hang a contest, and it may be
/ that there will be a contest in the
courts at Yokohama before Marshall
/ Henry is able to start back with him.
If he has been releasedby the Japanese
| government, the United States will pur-
sue him futher. The case is attracting
a good deal of attention in the Japanese
press, in which it is commented upon
as the first case of American eXtradi-
ton from Japan. The main provisions
of the treaty which is now used for the
first time nearly twenty years after it's
ratification are as follows:
THE High contracting Parties en-
gage to deliver up to each other, under
the circumstances and conditions stat
ed in the present Treaty, all persons
who, being accused or convicted of one
of the crimes or offenses named below
in Article II, and committed within the
| jurisdiction Of the one Party, shall be
found within the jurisdiction Of the
other party.
Il. Murder and assault with intent
to commit murder.
80. Counterfeiting or altering money,
or uttering or bringing into circulation
counterfeit or altered money; counter
felt certificates, or coupons of public
indebtedness, bank notes, or other in
struments of public credit of either of
the parties, and the utterance or cir
culation of the same.
"3. Forgery or altering and uttering
what is forged or altered.
a. Embezzlement or criminal mall
version of the public funds, committed
within the jurisdiction of either party.
by public officers or repositories.
IS. Robbery.
IS. Burglary, defined to be the
breaking and entering by night time in
to the house of another person with
intent to commit a felony therein; and
the act of breaking and entering the
house of another, whether in the day or
night time, with the intent to commit
felony therein.
IS. Perjury or the subornation of
perjury.
80. Rape.
10. Arson.
I'll. Piracy by the Jaw of nations.
"12. Murder, assault with intent to
kill, and manslaughter, committed on
the high seas, on board a ship bearing
the flag of the demanding country.
"13 halicious destination Of or at
tempt to destroy railways, trans, ves-
sells, bridges, dwellings, public edifces,
or other buildings, when the act endan-
! gers human life.
If it be made to appear that eXtradi-
/ ton is sought with a view to try or
punish the person demanded for an Of
Tense Of a political character, surrender
shall not take place; nor shall any per-
son surrendered be tried for any polit-
ical offense committed previous to his
! extradition, or for any offense other
than that in respect Of which the extra
! ditiOn is granted.
The requisition for eXtradition shall
be made through the diplomatic agents
of the contracting parties, or, in the
event of the absence Of these from the
country or its seat of government, by
superior consular offices. The
! fugitive shall be surrendered only on
such evidence OF criminality as ac-
cording to the laws Of the place when
! the fugitive or person so charged shall
be found, would justify his apprehen-
sion and commitment for trial, if the
crime had been then committed.
"On being informed by telegraph or
other written communication through
the diplomatic channel, that a lawful
warrant has been issued by a compe-
tent authority upon probable cause for
the arrest Of a fugitive criminal charg-
ed with any Of the crimes enumerated
in Article II of this Treaty, and on