g 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.

SECTION XXI

81. _A Traitor's Fate._

In 1670 Frederick William, the great elector of Brandenburg, ordered
his diplomatic envoy at Warsaw, the capital of Poland, to obtain
possession of the person of one Colonel von Kalkstein, a Prussian
subject, who had fled to Poland for political reasons, as he was
accused of high treason. Von Kalkstein having been seized secretly on
November 28th, 1670, was wrapped up in a carpet and in this way carried
across the frontier and beheaded at Memel.

82. _An Interrupted Armistice._

During a war between states A and B, a general armistice is concluded,
without detailed stipulations. The commander of the forces of state A
is informed through spies that