Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-11-22
Governments Attitude Re-
garding Hunter and Bailey.
YESTERDAYS TRAGEDY
STATE DEPARTMENT TO MAIN
TAIN IT'S ORIGINAL POSITION.
The Guatemalan Government Must
Make Application for the Sur
render Of the Men.

Inc state Department has been informed
that Godfrey Hunter. jr.. son of the United
States minister at Guatemala City, shot and
killed William A. Fitzgerald of Grand Rap
Ids, Mich, yesterday. Hunter has taken
refuge In the legation. and an interesting
question has arisen as to his exemption
from arrest.
Important details are lacking in the
port of the affair which has come to the
State Department, and the officials are in
doubt as to what should be done. They
nave no notion of surrendering without
protest an American citizen to the local
courts OF Guatemala, unless satisfied that
the man is a proper subject for punish
ment. Even then 1t is not at all certain
that the department itself has the right to
waive any legal exemption that the man
might have. International law lays down
the precept that an ambassador or minister
may not of his own accord surrender any
such exemption in his own case.
An important fact developed was that
young Hunter was accompanied at the
time of shooting by the secretary of lega-
ton. This official is set down in the reg
lister as being James G. Bailey Of Ken
lucky, who went to his post in June, 1901.
Hunters Status
Not much is known here of the personal
ity of Godfrey Hunter, jr., and 1t is i'm
possible to learn definitely whether or not
he was actually connected officially with
the United States legation at Guatemala
City at the time Of the killing. That he
had been a clerk or typewriter in the lega-
ton is established, but in some quarters
1t Is said that connection had been ter
minated for some time This may be a
very important point in settling the ques-
ton of exemption of young Hunter from
arrest, for a legation attache employee
enjoys a large part Of the exemptions con-
f6rr6d DV International law a
bassador or minister. Another point that
may operate in Hunters favor is his kin
ship to the minister. He was certainly
member of the minister's family and that
fact might be regarded as sufficient to base
a claim Of exemption. However as already
indicated, the State Department Is moving
with caution In this matter, preferring to
develop all the facts before establishing
an important precedent. The excitement
III the neighborhood of the legation in
Guatemala City has made it difficult for
nation from any unbiased person connect
ed with the legation and not involved N
the ARRAY.
State Departments Attitude.
1t was stated today that the State De-
partment here has concluded to continue in
the attitude originally assumed by 1t re-
specting the question of immunity of Hun
ter and Bailey from punishment under the
Guatemalan laws. That Is to say, the de-
partment takes the ground that IL the Qua
temalan law has been violated in the killing
of Fitzgerald 1t Is for the Guatemalan gov
eminent to take the initiative in the prose-
cution of any guilty parties. If the Guate-
malan authorities conclude that Hunter and
Bailey are liable to punishment under their
laws then they will 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 ar
rest by the rules of International law 1t
is stated In this connection that If Hunter
and Bailey are exempt from the operation
of Guatemalan law then they will go un-
punished, even If guilty, because they can
not be tried in the United States for an Of
Tense committed in foreign country, even
though the victim were an American cit
iZen.
SO. Waiting on Guatemala.
The State Department is consequently
waiting before acting in this matter to hear
from the Guatemalan government or from
Minister Hunter himself; whose duty 1t Is
to report the matter to Washington. The
only advices that have so far reached the
department touching this case have come
from United States Consul General Nc
Nally at Guatemala City, and 1t so happens
that a bitter personal feud has existed for
several years between that officer and Min
lister Hunter. so that 1t Is desirable that
some less interested person supplement his
statements. His last report gives the af-
fair the aspect Of a shocking and cold
blooded murder. and moreover it appears
that Secretary Bailey was a party to the
crime. according to the statements of the
consul general. holding up Fitzgerald with
a revolver in front while Hunter shot the
man from behind.
Current Rumors.
There are rumors here of woman In
the case. and these place Fitzgerald in the
attitude of deeply wronged husband, but
these stories cannot be fully substantiated
1t is suggested here that the shooting
affray may have been the result Of the re-
cent relief Of DR.. Hunter from his post as
minister. The doctor has been steadily
embroiled with members of the American
colony almost since he assumed Office In
1897, and lately, owing to his connection
with a government railroad and other mat
tiers not supposed to be proper for a minis
ter to NEEDLE with, the pressure became so
acute that the department was obliged to
relieve him from office. 1t may be that
Fitzgerald was connected in some way
with the charges made against the minister.
The Press Report.
According to cable dispatch from Guate-
mala City, VIM. A. Fitzgerald of Grand
Rapids Mich, was shot and killed there
yesterday by w. Godfrey Hunter, jr., son
of the United States minister. Hunter fired
the shots from behind Fitzgerald, with
James o. Bailey of Kentucky, secretary of
the United States legation, standing by
with a drawn revolver. Both then ran
away, with their revolvers in hand They
were arrested, but are now at liberty
through Minister Hunter, who claimed i'm
munity for them.
The lives of the Hunters and of Bailey, 1t
IS said were threatened by indignant Amer
deans.
Hunter Known in Louisville.