Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-12-02
BOUND TO HAVE JUSTICE
Representative Smith to Probe the
Killing of Fitzgerald.

Young Fitzgerald was my personal
friend, he came from my district and his
father still lives there said Representa-
tive William Alden Smith of Michigan to
a Star reporter, referring to William A.
fitzgerald. who was recently shot by young
Godfrey Hunter in Guatemala THE in
formation we have received thus far shows
that Fitzgerald was shot four times in the
back, while supposed friend held his at
tentlon. There was no immediate provoca-
ton for the act that we can learn of. If
1t was case OF self-defense it is strange
that no one else was hurt and that he
was shot four times and in the back. He
was happy, genial boy with never a
quarrel that l ever heard of, and he was
not vindictive. The people of nv home
city are very much aroused over the shoot
Ing, and have urged me to have a thorough
investigation. l feel very strongly on the
subject myself. If an American citizen can
be killed by member of the househo,d of
an American government official in for
e1gn country without trial under American
laws, then some new legislation is very
much needed if the situation can be rea oh.
ed by American laws. 1t is difficult to sug-
gest remedy, but if any legislation can
be enacted covering the case II should re-
celVe attention at once. 1t is very dan
gerous precedent to leave undisturbed The
influence of a minister may be great in
the country to which he is accredited he
may be able to influence courts and sun
press investigation in the country in which
he temporarily resides Such a condition
of affairs is not satisfactory to Americans
who look to the legations for protection
nor TO Americans who love justice I will
Insist that in matters involving American
officials and American citizens abroad the
legation and the citizens involved be
brought under the jurisdiction of American
laws If there is any way it can be done
lawfully. l am aware that criminal pro-
ceedings naturally come under the laws
OF country where crime is committed,
but it seems to me that there ought to be
some way of reaching cases like this AS
l said, it is very dangerous precedent to
let stand.
Il intend to introduce a resolution calling
on the State Department to transmit to
Congress all the papers and information in
its possession relative to the killing of
William A. Fitzgerald at Guatemala. I
propose to Investigate this killing to the
fullest extent and / am glad to saw that
the State Department is with me and will
offer every assistance. At my request the
State Department cabled Consul McNally
for full and detailed report of the killing
as correctly as the facts could be ascer-
tanned, and I expect the reply to be receiv-
ed in time to be transmitted with the other
papers to the House After the papers are
transmitted to Congress I will ask that
committee be appointed to investigate and
report, If that becomes necessary There
is no step in the interest of justice that
will not take. With the assistance of the
State Department l intend to probe this
killing to the bottom and have Justice done
I will ask in my resolution for copies of
the treaties between this country and
Guatemala and all the state papers bear
ing in any way on the case.
1T will not be possible to examine the
body in this country. At my request and
the request of the father the State De-
partment cabled Consul McNally to ship
the remains to this country He replied
that under the laws Of Guatemala body
buried. no matter what the cause Of death
cannot be exhumed and shipped until the
expiration Of Ave years. am told that
this is the law Of Mexico and other south
ern countries, so that there Is probably no
way Of getting the body here"