Waterbury evening Democrat., 1904-09-27
JUDGE PHELPS WILL
BE CENSURED FOR IT
He Fined Subject of Hing Edward d-No Less Per-
sonage Than One of the Attaches of the Embassy
State Department at Washington Takes Action
The Row Started Over Fast Automobiling

british embassy by Judge Phelps al
Lee, Mass, yesterday, was received a'
the executive department at the state
house here shortly after the opening
for business to-day Governor Bates
is absent from the city and is not ex-
pected at the state house until tormor-
row afternoon. The Washington mes
sage was received by Lieutenant-G Gov
ternor Curtis Guild, Jr, who at once
conferred with Assistant Attorney Gen
leral Fred III. Nash, Attorney General
Parker being away.
The conference was concluded short
Ey after I o'clock and the lieutenant
governor at once sent dispatches to
Acting Secretary of State Adee, who
ssigned the telegram from the state de
partment, and to Judge Phelps at Lee.
The telegram from the state depart
4 ment follows:
washington, D. O.. Sept 26.
SHon John 4. Bates, Governor Of Mas
I sachusetts, Boston, Mass:
British embassy informs me that
MIR Gurney, third secretary that en-
bassy, charged with driving automobile
at excessive speed, was to-day arrest,
ed by deputy sheriff and taken, after
entering protest, under threats of
force, to the court at Lee, when in
spite of his protest, he was sentenced
iby Fl. G. s. Phelps, special Justice of
the Lee police court to pay fine OF
$50 and on his declaring that he could
not admit the right of the court to SEN
fence him, another fine of S25 for con-
tempt of court and to go to prison il
he did not pay.
section 463, revised statutes of the
United States, declares that any writ
or process issued out or prosecuted by
any person in any state court or judge
or justice whereby the person of any
public minister of a foreign state is
arrested or imprisoned, shall be
deemed void.
Section 1904 declares that any per-
son obtaining or prosecuting such writ
or process and every officer concerned
an. executing it shall be deemed yio-
altor of the law of nations and subject
to imprisonment and fine.
II have to request that you take
such action as may be proper-in this
case. (Signed) ALVEY "A. ADEE
Acting Secretary of State"
The lieutenant governors message
to the acting secretary of state fol-
lows:
ststate House, Boston, Sept 27.
NHon Alvey A. Adee, Washington, ID.
Four telegram in regard to tie
tlzird secretary Of the British em4
bassy just received. Investigation
started. Immediate action will be
taken. ,(Signedl
CURTISS GUILD, JR,
lieutenant Governor, Acting Gov
egnor..
The telegram to Judge Phelps said:
State House, -Goston, Sept 27.
III. G. 8. Phelps, Special Justice,
Lee, Mass:
ssThe following telegram has been
received from the state department at
Washington. (Here is given the dis.
patch of Acting Secretary Adee,)
The assistant attorney general In
forms me that If the facts are as stat
ed above you have in your endeavor
to enforce the laws of Massachusetts
for the security of life upon our high
ways committed In this particular
case grave breach of international
law. May I ask you to telegraph me
at once il Mr. Gurney was arrested
and fined in spite of protest. Other
channels of redress are open in case
of the violation of Massachusetts, laws
by the diplomatic representatives Of
Z. other nations. Therefore, if fine was
imposed and collected the common
wealth will apologize. The fine must
be remitted and / need not suggest to
one SO respected as you the personal
amend that you will, of course, de-
sire to make to Mr. Gurney for the
error in method adopted by your
court in this unusual case. Kindly
forward me affidavit of the evidence
of any breach of Massachusetts laws
lSigne0 CURTISS GUILD, JR,
sLieutenant Governor, Acting Gov
ernor."
Liuetenant Governor Guild said
4 4rS 49,.
until he heard from Judge Phelps.
Washington, Sept 27.-The state de-
partment to-day called on the depart
ment of Justice to take action in the
case OF Hugh Gurney, third secretary
of the British embassy who was fined
yesterday by Justice Phelps of Lee,
Mass. for contempt of court and for
speeding his automobile. It is ex-
pected that Attorney General Moody
will send special district attorney to
e Lee to investigate the matter.
When Acting Secretary of State Loo
mis- reached his office to-day no word
had been. received from Governor
Bates of Massachusetts, but it is ex-
pected he will be heard from during
the day. The British ambassador
will be kept Informed at Lenox of the
progress made in the case. While he
Will report the TacfS TO une foreign OF
fee the official report on the subject
will not be sent until the state depart
ment has disposed of the matter.
Pittsfield. Mass, Sept 27.-Specfal
Justice Henry G. Phelps Of Lee, whose
action in fining Hugh Gurney, first sec
retary Of the British ambassador. in
the district court yesterday has called
forth action by the authorities at
washington, says:
81 was dispensing justice according
to the laws of the commonwealth I
don't recognize the right Of the secre-
tary of any foreign ambassador to
break the laws of this state. / don't
hesitate to say that | would treat the
British ambassador the same way if
he were breaking the laws of this
state
Judge Phelps said he had not heard