Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1915-02-04
PRISONER WILL FIGHT CASE
Appeals to the German Ambas-
sador-Under Certain Condi-
tions His Act Might Be a Vic.
lation of American Neutrality
by Germany.

washington, Feb. 3.-Formai aupIica.
lloh for the extradition to Canada of
werner Van Horn, charged with eat.
tempted destruction of human lfe." was
Hiade at the state department late TO-
oaN oE Sir Cecil SprinE-Ric the British,
| Ambassadors
ne arnbassador called personally at
| 'he department and presented a brief
mote 10 secretary Bryan based unon a
communication from the Canadian minis
Ter OF Justice ~ Ottawa, informing Nh,
embassy that Van Horn was wanted on
the charge of attempting to DESTROY
human life, through the wilful and nm.
lawful destruction of the st. Croix rivor
bridge
Secretary I}ryan referred the comnnun,
cation to the solicitor of the dcnart- To-
ment for examination as to it's form. If
the application is found to be regular
Van Horn will he ordered bcfor. a 1.n,.
ted States commissioner nearest Vance
boro where he is now under detention
and the Canadian authorities will be al;
'""eo 'he privilege of appearing by
counsel to make ont n prima facio case
suHiclent to Justify the demand for the
surrender Of the prisoner
THE LEGAL MACHINERY
The machinery In such cases I'D to
certain point works almost automaticall.-
ana there will he little for the state de-
partmcnt to do involving the exercis.
or any discretion until the con1mission.r
has passed upon the case. Should ha
decide that there is no case against Va,
Horn the prisoner might bc charred
r,rr - inc
ne man for eXtrbl.ton the. it is com.
pctent Tor Van horn or his friards q,
ak al appeal to the state department
and resist the execution of the commits
sioners order. It is even possible in ex
IRENE cases for the United States court,
to be invoked in tho prisoners behalf
though this is n rare occurrence
van Horn already has indicated his
purpose OF fighting cXtradtion. In n
telegram to-day he appealed to the
German ambassador TO look after his
declaring he was a German
subject and did not put foot on Can
adian soil"
The last statement was taken here
70 indicate purpose on the part of
the prisoner to make the technical
point that though he was on the bridge
ne did not actually stand on Canadian
soil. AS the divisional line or boundary
between the United states and Canada
follows the middle line OF the st. Croix
river and the piers of the bridge rest |
on Canadian soil at the end where Van
Horn is said to have placed his charge
u dynamite. the officials here attach |
40 Importance to this plea
GERMAN EMBASSY INTERESTED.
The German embassy was much in
crested In the case. but DELAYED pass-
ng upon Van Horns request pendinp
| report on his citizenship from the
ierinan consul general in New York
Officials at the state department AT
his stage positively decline to express
any opinion publicly in regard to the
Of Van Horns contention thai
MS offcnsc was political" that it wa.
an act of war directed against the Coun-
ry 5 enemy, and that IL was his inten-
ion to prevent the continued transpor.
"''oh across the bridge of troops and
munitions OF war going to Europe to be
'seu against Germany. 1t was pointed
'ut' however, that to prove that his act
was an act of war. Van Horn must
produce evidence that he was acting I'm.
Ter higher authority and by direct orders
The act OF an individual on his own re-
usually is not accounted n I'D,
act or war On the other hand, if the
prisoner should produce evidence tha;
proves that he was acting under explicit
direction and authority of the German
government it is said violation of the
neutrality Of the United States by Ger.
many might be involved
The Canadian government, in MAXIM
is application. referred to the man rs
IN ordinary civil criminal. Incidentally
is pointed out this insures Van Horn.
n the event of his surrender under eX.
tradition proceedings from being treated
Is German spy or even as nilitars
In statement tonight Van Horn as
erted that arrangements for destruction
n the bridge wore made in Germany. He
aid he was paid for the job, hut declined
q saw by whom he was employed
Il really did II for my country" he
aid. II did not want to kill anyone. We
wanted only to stop traffic of British
upplics over that bridge. | would have
lone better job hut for the cold II
vas an act OF war I was on neutral
oil "