Evening journal., 1919-12-01
j. 5. DEMANDS
.IENKIN'S RELEASE
entInued dom FIrst Page.


rhe Mexican government may contend
hat the Imprisonment Of the victim j.
necessary for the Investigation by 9
Judge under the constant vigilance OF
public opinion. Of the truth regarding
MS abduction and that right OF re-
ease on bail Is a palliative for such
wrongful Imprisonment. but the United
states is constrained to the opinion that
such arguments are mere excuses. The
government OF the United states in
gites and desires the fullest examina-
ho.. of this case. but il cannot admit
nat IL Is necessary that Mr. jenkins
should be retained In prison. My gov
srnment wili-not and is satisfied that
Mr. jenkins VIII not place any obstacles
n the way Of a complete and fun exam
ination Of himself or his witnesses or Of
he events leading up TO and connected
With his abduction.
The Mexican government prefers TO
attribute the American note to an i'm
perfect understanding Of the Mexican
penal laws and proceeds 10 explain with
refinement the intracacies Of Mexican
penal proceedings, but the government
of the United States fails 20 discern ap-
plcatlon 20 this case at the hands OF
Mexican authorities anything approx
mating TO impartial treatment OF Jen-
1ins and the Mexican government
Knows the absence OF such treatment is
The reason for the American request.
"The Mexican government main
aims that it cannot grant the request
of the United states for Jenkins re-
lease for the reason that under inter-
national laws no diplomatic interven-
lion is appropriate unless denial OF
Justice has occurred and because the
Mexican government Is not I'm a posi-
tion 10 demand Jenkins release in view
of the separation Of the executive and
judicial powers under the Mexican
government and the independence OF
the State courts by one Of which Jen-
kins is held. The succienct answer 10
this contention, Is, as everyone knows,
that denial Of justice has already
taken place and because the laws give
the Federal tribunals jurisdiction OF all
cases concerning diplomatic agents and
consular officers.
THE United States Is not TO be driven |
by such subtle arguments into a de- |
fense Of its request for the release Of
Mr.. Jenkins lt is for Mexico 20 show |
cause for his detention, not for the |
United States to plead for his liberation. /
Stripped OF extraneous matter with |
which the Mexican note Of November |
96 endeavors TO clothe it, the naked |
ease of jenkins stands forth. jenkins. a /
United states consular agent accredited |
20 the government Of Mexico is inn |
)ris0ned for rendering false judicial /
testimony i'm connection with the alb /
iuction Of which he was the victim /
rhis is the substance OF the Mexican |
lOte.
"NIy Government is pleased 30 learn /
hat the Imprisonment of Jenkins /
.iands on this single and well-deilncd !
ground and that recorded statements !
hat Mexican authorities had caused The /
Imprisonment Of Jenkins because Of I
,ollusion with his abduciOrs and rebel /
ion against state are not seriously re-
gafdCd by your Government
IN whose interests is the charge Of
alsc swearing brought? The Mexican
government is prosecuting the victim
instead Of the perpetrators Of the crime
While the outlaws. who endangered
MS life and took away "a large part
IF his fortune. enjoy their freedom
he Mexican authorities now deprive {
Jenkins of his liberty. Moreover. the
ground expressed for The Imprisonment
" Jenkins. namely That be is sup ]
oosed 10 be responsible FOR the crime
81 rendering false judicial testimony {
must bc t3kcn-tand my government di- !
'ects special attention TO this point
3s merely an expression OF opinion {
ln the part OF the Mexican government
9s 10 Is entirely unsupported by evil
lonce There Is not produced any of {
he testimony rendered by him or any
extracts from such testimony tending
10 show the correctness OF this 0pin- !
ion The Mexican government cannot
,Xpect the United states TO accept In
The grave circumstances Of this case ,
such a bare unsupported statement as
q valid excuse for the Imprisonment
" an American consular officer par
.iculsrly IN view Of the fact that the
Of the case by the rep
Of the United states in |
Mexico so far as 10 has proceeded fails a
lttaly TO support this opinion Of {.
our government. on the contrary the !
gives the government Of a
he United states every reason to be- !
ieve that Mr.. jenkins has not know .
ngly given any false testimony in re- ,
pect to vital points in his case; al
through he has been harassed by Mex !,
can authorities TO give such testi J.
nony even while lying in the hospital y
90 weak and exhausted 10 make them !,
IS result OF his treatment by the alb Y
Iuctors. and while he knew evidence ~
vas being obtained against him
through intimidation OF witnesses SO y
stands the single, unsupported, and my !
government believes utterly unfounded u
ground alleged for jenkins imprlsOn-
nent.
what conclusion is to be drawn 9
rom such a reply as the Mexican gov
,rnment makes other than has been y
/ studied effort on the part Of the
Mexican authorities TO ensnare Jenkins ;
n their legal proceedings by alleg- d
ng the commission Of technical Of !
enses and by bringing unsupported q
-- ~ rx@-ETr% ]