orce sent by the Canadian
government in 1837 into the territory of the United States for the
purpose of capturing the _Caroline_, which vessel had been equipped for
crossing into Canadian territory and taking help to the Canadian
insurgents. In 1841 McLeod came on business into the State of New York,
and was arrested and indicted for the killing of one Amos Durfee, a
citizen of the United States, on the occasion of the capture of the
_Caroline_.
68. _A Thwarted Suicide._
While the _Frau Elizabeth_, a German tramp steamer, is on the high seas
during a voyage between New York and Hamburg, a sailor, Heinrich Kalke,
jumps overboard with the intention of drowning himself. Another sailor
leaps into the sea after him in the hope of saving Kalke's life. He
succeeds in getting hold of the man, but Kalke struggles and, being
unable to free himself, draws a knife and stabs the sailor, who
thereupon sinks. While the struggle is in progress the vessel slackens
speed, a boat is lowered, and its occupants succeed in securing Kalke.
He is taken on board, conveyed to Hamburg, and there put on his trial
for murder. Counsel for defence asserts that Germany does not possess
jurisdiction, as the act was committed, not on a vessel sailing under
the German flag, but in the sea itself, and as, according to Sec. 4, No. 3
of the German criminal code, a German can only be punished in Germany
for an act committed abroad, if the act concerned is punishable both by
the law of Germany and by that of the country where the act was
committed.
SECTION XVIII
69. _An Insult to an Ambassador._
The following appeared in the papers, dated St Petersburg, Feb. 4th,
1908:
"M. Bompard, the French Ambassador, regarding a recent paragraph in the
_Grazhdanin_ as insulting, has addressed himself to M. Isvolsky,
Minister for Foreign Affairs, complaining that the statement in
question was directed against himself in his capacity of representative
of the French Republic in Russia. He therefore asks for the protection
of the Imperial Government. Since the Press laws contain no provision
for the criminal prosecution of newspapers for insults offered to
representatives of friendly Powers, a decree has been issued whereby
the Prefect of St Petersburg, in virtue of the powers conferred upon
him under the law on 'extraordinary protection,' has inflicted upon the
editor of the _Grazhdanin_ a fine of 1,000 roubles (L100)."
70. _A Question of Legitim
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