The sun. [volume] (New York [N.Y.]) 1833-1916, 1904-10-03
DIPLOM4TISTS FINED.
They Protested. but Didn't Appeal 10 the
state Department-Protest Vain.

CAPE MAY, y. j., Oct. 1.-The recent ar
rest of Hugh Quincy, Third Secretary Of the
British Embassy at Washington. at Lee,
Mass. and his being fined s25 by Special
Judge Phelps for speeding an automobile
at a greater rate than is lawful in the State
OF Massachusetts and the apology Of Judge
Phelps for the breaking of an international
custom, call to mind an arrest at Cape May
during the summer of 1892 Of members Of
the Spanish Legation at Washingt on and
their beil 4 fined under an ordinance of the
City Council Of this resort In the latter
case, however, there was no apology and
there was no appeal taken from the Alder
man who imposed the fine, and although he
was requested to return the money he
refused to do so, stating that international
law did not take precedence over the judicial
acts of his court.
In the summer of 1892 President Harrison
was occupying his cottage at Cape May
and the executive officers Of the Govern
ment were installed at Congress Hall. there
being at that time representative of many
Of the foreign legations. Cabinet officers and
assistant secretaries here in order to be
near the founta n head of the Government.
1t was warm August day, when three
members of the Spanish Legation concluded
that then would take drive out into the
minister by the name OF Burlew was the
owner of critter to which they took fancy
and which they hired for the day. The
members of the party were; Senior Don Jose
Felipe Sagrario, First Secretary of the
legation, who vas then Charge .d'Affaires
at Washington in the absence Of Minister
Guanes; Senior Don Manuel Multedo, the
third secretary. and Sehor Don Rodrigo
de Saavedra, an attache.
When they returned early in the even
carious condition and had evidently been
driven very hard. The owner Of the horse
then went before the late ohm G.. W,
Ware, an Alderman and a justice of the
peace, and made a complaint. The con-
stable forthwith went out with his warran
and stalked into the hotel corridor about
10 O'Clock at night and brought the ar
rested diplomats before the Alderman for
a hearing 1t was not long before the evil
dence had been all given and the Alderman
placed a fine of s25 and costs upon each Of
the three men.
Before the hearing had commenced
however, these diplomats called into con-
ference with them DR.. Jose Congosta,
who was then the Spanish Consul in Phila-
delphia and at the time occupying a cot
tag e at Cape May. Dr.. Coneosta called
attorney. and before trial proceeded the
attorney protested and attempted to show
that all violations Of law by member of
a foreign legation could only he disposed
Of through the routine Of the State Depart
inent at Washington, but Alderman Ware,
who had held the Office for nearly forty
years, paid no attention either to the at
torney, DIR. Congosta or any Of the members
of the legation, and so they were fined.
After consulting with one another and
letting the matter drag along for a week,
during which time the Alderman threat
ened the law breakers with imprisonment,
the matter was not brought to the atten-
ton M the State Department. and after a
great deal OF talking the Alderman kept
the money and paid the proceeds If the fine
over to the town treasurer in accordance
with the State law. notwithstanding the
repeated demands for the return Of the
money made by DR.. Congosta, who was
afterwards a commissioner with Judge
William R. Day, Of Ohio, to investigate the
affairs of Cuba, which they did just before
tho outbreak Of the Spanish American War.
The Alderman wss< advised to return
the fine not only by the local residents
of the place, but by Elijah Halford. Presi-
dent Harrison's private secretary, by the
late United States Senator Sewell, who
WAS summer resident at Cape May, and by
Hon, George D. Nc rreary now Congress-
man from Pennsylvania, and others, who
saw the gravity Of the situation, but who
we're unable to impart to the Alderman
the light in which they saw the matter.