Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-11-24
.FITZGERALD'S DEATH
GUATEMALA GOVERNMENT HAS
NOT MADE COMPLAINT.
Representative VIM. Alden Smith
Seeks Information From the
Department Of State.

Nothing has vet been heard here from
the Guatemalan government respecting the
killing of William Fitzgerald by Godfrey
Hunter, Jr., last Friday in Guatemala City.
II is said at the State Department that
nothing can be done by this government
toward prosecuting Hunter, and, there
fore, It appears that unless the Guatemalan
government chooses to act the guilty par
ties Will escape trial altogether.
The department realizes that the condi-
lions at Guatemala City, so far as the
American diplomatic representation Is con-
cerned. are abnormal owing to this incident
and assuming that DR.. Hunters influence
has affected unfavorably, 1t will probably
feel called upon to take measures to nave
Mr.. Leslie Combs. recently appointed TO
succeed Dr. Hunter as minister to Guate-
mala, assume the duties OF his post much
sooner than he expected.
1t is recognized here that DR.. Hunters
position at the Guatemalan capital can
hardly remain tenable in view of the tragic
events of the past few days and for that
reason he no doubt would like to be re-
lieved very soon. Mr. Combs original IN
tention, as understood here, was to be at
Guatemala City by the first of the year,
but Fridays developments VIII undoubt-
edly cause change in his plans. The sug-
gestion has been made that the State De-
partment may find 1t expedient to await
factory account Of the shooting, as the In
formation already received has been con-
fiicting in character.
State Departments Attitude.
The department takes the ground that II
the Guatemalan law has been violated In
the killing of Fitzgerald, 1t is for the Qua
temalan government to take the initiative
in the prosecution Of any guilty parties II
the Guatemaian authorities conclude that
Hunter and Bailey are liable to punishment
under their laws they undoubtedly VIII
make application to the State Department
for the surrender Of the men, and 1t will
then be time to determine whether or not
they are exempt from arrest by the rules
of international law. It Is stated In this
connection that If Hunter and Bailey are
exempt from the operation of Guatemalan
law, they will go unpublished, even II
guilty, because they cannot be tried In the
United States for an offense committed IN
a foreign country, even though the victim
was an American citizen.
One of the statements attributed to Con-
sui General McNally relative to the killing
Is that Fitzgerald had just purchased a
new revolver, and that at the invitation Of
Bailey he was exhibiting it to the latter
when Hunter, who had stepped in his rear,
fired into his back. Statements that come
to the State Department make 1t very hard
for the officials to reach conclusion as to
what Is to be done. 1t Is said that the de-
partment will not allow itself to be used to
shelter any guilty person, and It has been
settled that 1t has the right to waive any
imn,unities claimed under the diplomatic
privilege by any Americans, and to let them
be dealt with by local law and by the local
officers providing 1t is satisfied that there
will be no miscarriage OF Justice.
OF course. however. the department could
not do this unless an application were
made to It by the local authorities for the
surrender Of Hunter and Bailey, and that
Is why 1t is waiting developments.
VIM. Alden Smiths inquiry.
Representative VIM. Alden Smith. who
represents the Grand Rapids, Mich, dis
trict has asked the State Department TOR
Information relative to Fitzgerald's death
and whether or not his remains could be
foru,a rded to Grand RanidS. The inquiry