BULGARIA. EXTRADITION OF VAHAN NALBANDIAN GRANTED BY BULGARIA AS AN ACT OF GRACE. File No. 21614/4. Chargé Harvey to the Secretary of State. [Telegram-Paraphrase.] AMERICAN LEGATION, Bucharest, February 5, 1914. Mr. Harvey says that Vahan Nalbandian, who is wanted by the police of Lynn, Mass., for murder, is held by the Bulgarian authorities, and that if extradition papers are sent at once the prisoner will be surrendered upon their presentation. File No. 21641/9. Chargé Harvey to the Secretary of State. No. 52, Bulgarian series.] AMERICAN LEGATION, Bucharest, February 5, 1910. SIR: I have the honor to report on January 8 I received from Mr. Thomas M. Burckes, chief of police of Lynn, Mass., a communication stating that one Vahan Nalbandian had been indicted by the grand jury of Essex County in that State for the murder of one Minas K. Monigan, and that the said Nalbandian was supposed to be at Silistra, Bulgaria. He inclosed a circular police description, with pictures of the accused, and asked that the Bulgarian authorities be communicated with and the man apprehended and placed under arrest to await the receipt of extradition papers from his Government. I immediately went to the Bulgarian Legation in this city and communicated to them the request as above stated, and gave them the circular and picture of the accused. Yesterday I received a letter from the State's attorney (procureur du tribunal), of Silistra, Theodore Maneff, stating that Nalbandian has been arrested and had acknowledged that he was the person wanted by the Lynn police. After consultation with the Bulgarian Legation as to whether their Government would permit the extradition of the accused, there being no treaty of convention of extradition between the two countries, I telegraphed the Bulgarian foreign office, stating that Nalbandian was wanted by the American police for a murder committed at Lynn, and that he had been arrested in Bulgaria and was now being held on my demand, and asked whether the Bulgarian Government would permit his extradition upon the presentation of the necessary papers, and whether they would hold the prisoner until such papers should arrive. In response, I received a telegram last night from the Bulgarian Government stating that they had instructed their legation here how to act in the matter. This morning I received a message by telephone from the Bulgarian Legation that their Government would surrender the accused on the presentation of proper extradition papers if the same were sent without delay. I immediately telegraphed the department that the accused was wanted by the Lynn police and that the Bulgarian authorities would surrender him on presentation of the proper extradition papers. I have, etc., [Inclosure-Translation-Telegram.] ROLAND B. HARVEY. Chargé Harvey to the Bulgarian Minister for Foreign Affairs. AMERICAN LEGATION. Bucharest, February 4, 1910. Vahan Nalbandian, sought for by American police for murder at Lynn, Mass., is held by Bulgarian authorities at Tirnove on my request. Will the Bulgarian Government grant extradition upon presentation of necessary documents, and will it retain the prisoner until the arrival of the said documents from America? File No. 21641/10. Chargé Harvey to the Secretary of State. No. 54, Bulgarian series.] HARVEY. AMERICAN LEGATION, Bucharest, February 7, 1910. SIR: Referring to the matter of the extradition of Vahan Nalbandian, the subject of my No. 52, Bulgarian series, of the 5th instant, I have the honor to inclose herewith a copy and translation of a note this day received from the Bulgarian Legation in this city, stating that they will surrender the said Nalbandian, and a copy of my reply thereto. I have, etc., [Inclosure-Translation.] ROLAND B. HARVEY. No. 78-Urgent.] The Royal Bulgarian Legation to Chargé Harvey. [Note verbale.] BUCHAREST, January 23, 1910. In reply to the verbal requests made by M. le Chargé d'Affaires of the United States in regard to the search for and arrest of one Vahan Nalbandian, the royal legation of Bulgaria has the honor to inform the legation of the United States of America that according to a communication from the royal ministry for foreign affairs the individual in question has just been arrested by the authorities of Silistra. In bringing the foregoing to the knowledge of the honorable legation of the United States the royal legation of Bulgaria has the honor to beg it to take the necessary steps at its earliest convenience and request the extradition of the said V. Nalbandian of the royal Government, annexing the necessary papers. [Inclosure 2.] Chargé Harvey to the Royal Bulgarian Legation. [Note verbale.] AMERICAN LEGATION, The diplomatic agency of the United States of America has the honor to acknowledge the receipt of the note verbale of the royal legation of Bulgaria of January 23 and February 5, in which the royal legation informs this agency that Vahan Nalbandian has been arrested by the authorities at Silistra, and requests this agency to take the necessary steps as soon as possible to obtain the extradition of the said Nalbandian from the Royal Government. The agency has the honor to inform the royal legation that it has telegraphed to the American authorities as to the above facts, and that it has received word from the chief of police of Lynn, Mass., where the alleged murder took place, that the necessary documents are being prepared and will be dispatched from America with all the haste that is possible. File No. 21641/8. Chargé Harvey to the Secretary of State. [Telegram-Paraphrase.] AMERICAN LEGATION, Bucharest, February 17, 1910. Acknowledges department's February 5: Reports Nalbandian matter taken up first with Bulgarian Legation and fact that extradition treaty does not exist made plain, Bulgarian minister stating that he was fully aware that under such circumstances the Government of the United States could not reciprocate, and at his suggestion telegram was sent to Bulgarian foreign office asking if Nalbandian would be surrendered by Bulgarian Government on presentation of formal demand. Says in reply to his request he was informed that the Bulgarian Legation had been instructed to act, and next day formal notice was received from the Bulgarian Legation that Nalbandian would be surrendered. Mr. Harvey adds that nothing was said about reciprocal action, but in an informal conversation afterwards the Bulgarian minister intimated that in the present case his Government did not desire to raise this point. Says the prisoner is now held until presentation of extradition papers, and asks if it is the desire of the department that the Bulgarian Government be notified again, formally, that the Government of the United States can not reciprocate. File No. 21641/5. The Secretary of State to Chargé Harvey. [Telegram-Paraphrase.] DEPARTMENT OF STATE, Washington, February 18, 1910. Mr. Knox acknowledges legation's February 5, and instructs Mr. Harvey to ascertain if the Government of Bulgaria will look with favor upon a request for the surrender of Nalbandian purely as an act of grace, at the same time clearly and definitely indicating that the laws of the United States will not permit extending reciprocal favor; that if Bulgaria is willing to take such action to informally bring the matter to, the attention of the proper officials and request the provisional arrest and detention of the fugitive as a pure act of grace, stating that the extradition papers will be forwarded immediately. Mr. Knox adds that in making the formal request the inability of the Government of the United States in the absence of treaty, to reciprocate, must be clearly set forth. File No. 21641/8. The Acting Secretary of State to Chargé Harvey. [Telegram-Paraphrase.] DEPARTMENT OF STATE, Washington, February 18, 1910. Mr. Wilson acknowledges legation's February 17, and says extradition papers will be forwarded by next mail, and upon their receipt to request surrender of Nalbandian as an act of grace on murder charge, formally stating in his note of request that, on account of limitations placed on power of Executive in United States, it will not be possible, in absence of treaty of extradition, for this Government to reciprocate considerate action of the Government of Bulgaria, expressing at the same time the high appreciation of the Government of the United States for the courtesy extended by the authorities of Bulgaria in expressing their willingness to surrender Nalbandian. Mr. Wilson adds that information relative to agent who is to receive surrender will be sent later. File No. 21641/8. No. 30.] The Acting Secretary of State to Chargé Harvey. DEPARTMENT OF STATE, Washington, February 19, 1910. SIR: I inclose the extradition papers in the case of Vahan Nalbandian, alias Frank Jones, whose extradition from Bulgaria is desired by the State of Massachusetts. You will transmit the papers to the Foreign Office and request, as an act of grace, the surrender of Nalbandian upon the charge of murder. You will at the same time formally state in your note of request that owing to the limitations placed upon the power of the Executive in this country it will not be possible for this Government, in the absence of a treaty of extradition, to reciprocate this considerate action of the Bulgarian Government. You will also express the high appreciation of this Government for the courtesy extended by the Bulgarian authorities in expressing their willingness to surrender this man. I am, etc., File No. 21641/16. HUNTINGTON WILSON. Chargé Harvey to the Secretary of State. No. 9, Bulgarian series.] AMERICAN LEGATION, SIR: Referring to the case of Vahan Nalbandian, whose extradition from Bulgaria was asked for by the police authorities of Lynn, Mass., on the charge of murder committed in that city, I have the honor to inform the department that after the receipt of the department's instruction, Bulgarian series No. 30, of February 19, and upon the arrival of Stacey R. Burckes, the special agent of the President, named in the warrant accompanying the extradition papers inclosed in the said instruction No. 30 (Mar. 13), I prepared, with the aid and advice of Mr. Carter, a note to Gen. Paprikoff, the minister for foreign affairs of Bulgaria, a copy of which I herewith inclose, formally asking for the extradition of the said Nalbandian as an act of grace on the part of the Bulgarian Government, and again informing them, as I had previously done in the case of the Bulgarian Legation in this city, that, owing to the limitations placed by the Constitution of the United States upon the Executive, my Government would not be able to reciprocate under like circumstances. As neither Mr. Burckes nor Mr. Wells, who accompanied him, could speak any language except English and were entirely unfamiliar with the necessary formalities in these countries, and as I was about to proceed to Sofia anyhow, Mr. Carter and myself considered it necessary for me to proceed to Sofia with the agents above referred to. We arrived at Sofia in the evening of March 15, and I obtained an audience and presented my note to Gen. Paprikoff in person, on the morning of March 17. I went over the matter fully with him and with Mr. Radeff, the chief of the political section, who had the matter in charge, and reiterated the impossibility of my Government to reciprocate. Gen. Paprikoff at once stated that he thought there would be no difficulty about the matter, but that, as it would have to be referred to the minister of justice, and that as some if not all the papers would have to be translated into Bulgarian, he would not be able to give me definite word before Saturday, March 19. On that day I received an informal communication that the extradition would be granted and that the formal papers would be delivered to me on Monday. I immediately communicated to Mr. Carter the information received, and steps were at once taken at Bucharest to arrange for his transit across Roumania and Hungary to Fiume, as that route seemed to be the least troublesome and most expeditious, there being a Cunard Line steamer, the Ultonia, sailing from that port on April 2. On Monday I received a formal notice from the Bulgarian Government that the extradition would be granted. The Bulgarian Government also informed me that it would assume all the expenses incident to the retention of the prisoner while in Bulgaria, as well as his transportation to whatever port or city on their frontier that we might designate for his delivery to our agents. It also refused to allow me to pay for the translation of the papers, or, in fact, to bear any part of the expenses incurred in the whole matter while in Bulgaria. The whole attitude of the Bulgarian authorities was most courteous and obliging, and I took pains to assure them of the great appreciation of my Government and the legation. I have, etc., [Inclosure.] ROLAND B. HARVEY. Chargé Harvey to the Minister for Foreign Affairs. AMERICAN LEGATION, Bucharest, March 14, 1910. MR. MINISTER: With reference to my telegram to your excellency of the 4th ultimo and the telegraphic reply thereto signed "Conseiller Dimitroff," in which I was referred to the legation of His Majesty at Bucharest, all relating to the extradition of Vahan Nalbandian, alias Frank Jones, sought by the American police on the charge |