Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-09-27
ISCALLED TOACCOUNT
Inquiry Being Made Into
Judge Phelps Action.
ARREST OF MR.. GURNEY
THE DEPARTMENT OF JUSTICE
TAKES THE MATTER IN HAND.
A Special District Attorney, It is Elk.
pected, Will Be Sent to the Scene
Of the Trouble.
ARREST OF MR.. GURNEY

VI VI MassachusettS been called to the ale
ieged violation of federal law and interna.
lonai amenities In the arrest of Mr.. Cur
ney, third secretary OF the British embassy,
at Lee, Mass, yesterday but the Depart-
ment of Justice, at the request of the State
department, has taken the matter In hand,
and Attorney General Moody, 1t Is expected,
will dispatch a special district attorney to
the scene Of action at once to deal with
the situation. The district attorney will
nrst call the judges attention to the federal
law alleged to have been violated, and lf
the proper amends are not forthcoming
further action will be necessary by the De-
partment of Justice
So far as the British embassy is now con-
cerned, the affair will be left entirely te.
the State Department. The ambassador
has expressed to tie officials his confidence
that the matter will be disposed of entirely
satisfactorily
When Acting Secretary Loomis reached
his office today no word had been received
from Coy. Bates of Massachusetts. but it
Is expected he VIII 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
facts to the foreign o.iice the official re-
! port on the subject will not be sent until
the State Department has disposed of the
matter.
The action of the magistrate in fining Mr.
Gurney was brought to the attention of
the State Department in telegram from
Mr.; Raiker, first secretary of the British
embassy, who is at LenoX. The Depart
ment Immediately transmitted this telegram
in substance to the governor of Massa chu-
sets, with the suggestion that ne do what
ever might be necessary to secure the dipo-
matte immunity of Mr.. Gurney.
Seriousness of the Affair.
1t is believed at the department that the
matter may be far more serious than the
local officials at Lenox seem to regard it.
In the first place, by constitutional and
statutory law the persons attached to an
embassy, are expressly relieved from any
legal responsibility, and the exemption
even extends to domestic servants Sec
tfon 4t6S. r. S., declares that any writ
prosecuted in any court of the United
states or OF state, or by any judge or
justice, intended to cause the arrest and
imprisonment of any public minister or his
servant Shall be void. The succeeding
section. 1904. r. s.. provides that every per-
son by whom any such process is obtained
or prosecuted, whether as party or attor-
ney, and every officer concerned in its exc
eution shall be deemed a violator OF the
law OF nations and a diSturber of the public
repose, and shall be imprisoned for not
more than three years and fined, at the
discretion of the court.
The Bay Ridge Affair.
The latest important precedent occurred
in 1892 at the picnic resort of Bay Ridge.
on the Chesapeake, when DR.. Georg, an at
tache of the Swiss legation here In Wash
ing ton, was arrested by deputy sheriff on
| the charge of being a pickpocket and was
searched and otherwise treated in humiii-
ating manner by the local authorities. The
State Department procured his release at
an early moment through the governor or
Maryland, who also caused the dismissal
of the offending deputy and extended an
apology for the incident. Though the Swiss
minister might have pushed for further
punishment, he accepted what had been
done with the apology as sufficient, but the
matter was deemed of such Importance
that he could not give this notice to our
government until the Swiss federal council
had formally considered the case and ex-
pressed itself satisfied.
The Attorney General today, at the
quest of the State Department, telegraphed
United States Attorney Moulton, at Boston,
to take the necessary steps to secure MIR.
Gurney in all his legal rights. to make a
full investigation of the facts and to report
the matter to the department at his earliest
convenience.
Mr.. Gurney's Arrest.
Hugh Gurney, third secretary to Sir Nor
timer Durand the British ambassador, who
has been spending the summer at Lenox,
Mass, was fined yesterday for contempt or
court and for violating the speed law re-
lating to automobiles, by Special Justice II.
c. Phelps in the Lee, Mass, district court.
Mr.. Gurney was charged with running an
automobile through the streets of Stock
bridge Sunday at a greater speed than ten
miles an hour.
Mr. Gurney. when arraigned in court.
positively refused to plead, claiming that
as "he was the third secretary to his Brit
annie majesty's ambassador he could not,
under International law, be arrested or held
for any crime" Special Justice Phelps
said he did not recognize international law
in his court, and informed the defendant
that he must enter a plea.
Despite this statement, Mr.. Gurney con-
tfnued his refusal. Then fine of $2o was
imposed for contempt of court, and another
fine of S25 for violation of a town ordi-
nance.
Justice Phelps said that he found nothing
in the Massachusetts, common law which
exempted any one from breaking the laws
of the state and he acted accordingly.
Conference at Boston.
BOSTON, September pa telegram from
Washington bearing on the fining of Third
Secretary Gurney of the British embassy by
Judge Phelps at Lee, Mass, yesterday, was
received at the executive department at the
state house today The dispatch was re-
ceived by Lieut. Gov. Guild, who, In the
absence of Gov Bates, at once conferred
with Assistant Attorney General Nash.
Pending this conference the contents OF the
message were made pupnc.
Acting Secretary Adee's Dispatch.
The conference was finished shortly aftee
10 o'clock and the lieutenant governor AZ
once sent dispatches to Acting Secretary OF
state Adee, who signed the telegram from
tha state Department and to Judge Phelps
at Lee. The telegram from the State De-
partment follows:
WASHINGTON, D. c., September %.
Hon. John L. Bates governor OF Massa-
chusetts Boston, Mass:
"British embassy informs me that Mr..
Gurney third secretary of that embassy,
charged with driving automobile at ex-