memorandum.
Washington, May 24, 1906.
In May, 1905, an application was made to His Majesty’s Government, and granted by them, for the extradition of one Authur McIntire, on the charge of larceny (constituting the crime of embezzlement according to the law of the State of Missouri).
It appears that previous to his arrival in England McIntire was involved in a case of using the United States mails in a scheme to defraud; that he was convicted under this charge in the United States district court of St. Louis on May 21, 1904, and had appealed from the verdict and was out on bond pending the hearing of his appeal. It further appears that he jumped his bond and fled to England. His offense being one for which his extradition could not be demanded, his bondsmen, in order to recover their bond, charged McIntire with embezzlement, and his extradition was applied for and granted on this count.
McIntire states that on his arrival at St. Louis he was informed that the charge of embezzlement would not be pressed against him on the condition that he consented to stand his trial for violation of section 5480 of the Revised Statutes of the United States. He came up for trial on the charge of embezzlement and the case was dismissed. He was then brought before the federal authorities and was committed to jail on the original sentence of May 21, 1904, to eighteen months’ imprisonment for violation of section 5480. In explanation of his consenting to surrender himself, McIntire states that pressure was brought to bear on him and that as he was worn out by fatigue and penniless, he considered this course preferable to waiting to be tried on the charge of embezzlement.
[Page 785]McIntire is now undergoing imprisonment for a nonextraditable offense after he had been extradited to this country for an extraditable offense, which it would appear from the evidence in the possession of His Majesty’s embassy it was never intended to press seriously against him.