SECTION XX. 77. _sully in England._

77. Sully in England.

In 1603 Sully, who was sent by Henri IV of France on a special mission to the English Court, called together a French jury in London, and had a member of his retinue condemned to death for murder. The convicted man was handed over for execution to the English authorities, but James I granted him a reprieve.

78. Homicide by an Attaché.

The attaché of an embassy in Paris during a dispute with his servant draws a revolver and shoots him dead. His government orders him home, but he refuses to obey, leaves the embassy, and settles down in Paris. Thereupon his government demands his extradition from France.

How would the case have to be decided if the murderer has fled to England and (1) his home state requires his extradition, (2) both France and his home state require his extradition?

79. A Disputed Capture.

On July 14th, 1805, during the war between Great Britain and Spain, the British privateer Minerva captured the Spanish vessel Anna, near the mouth of the river Mississippi. When brought before the British prize court in November, 1805, the United States claimed the captured vessel, on the ground that the capture was effected within the American territorial maritime belt. From the evidence brought forward it appeared that the Anna was captured at a spot five miles from the mainland, but that there were several small mud islands composed of earth and trees, which had drifted down the river and had fixed themselves more than two miles off the shore.

80. The Punishment for Murder.

In 1905 Henry Johnson, an English subject, commits a murder in London but succeeds in escaping. In 1906 he appears in Rome under the name of Charles Waiter and commits a murder there also. During his trial at Rome his real name and antecedents are disclosed and reported in England. As the Italian penal code does not provide capital punishment and he is therefore only condemned to penal servitude for life, the question is raised in the English Press whether England could not demand the extradition of the murderer, so that he might be tried and executed in England for the murder committed there.