The sun. [volume] (New York [N.Y.]) 1833-1916, 1904-09-28
PHELPS LIKELY TO APOLOGIZE
CALLED TO ACCOUNT FOR FINE
OF BRITISH DIPLOMAT.
Has q Telephone Talk With Aeut,-Gov.
Guild and Then Leaves Town. Probably
for 0n-Attorney.General Moody
Takes O Hand in the Quincy Case.

Takes q Hand In the Quincy Case.
LENox, Mass, Sept, ?7.-Judge Henry C.
Phelps left Lee this afternoon and il Is re-
ported that he has been called to Boston to
confer with Lieut. Gov. Guild and Attorney
General Parker over his action in fining
Hugh Quincy of the British Embassy for
overspeedine his automobile.
When a SUN reporter called at Judge
Phelps's residence this evening he was
told that the Judge was out Of town. 1t
was learned that late this afternoon
Judge Phelps held long consultation
with Lieut.. Gov. Guild by telephone and
that at the conclusion Of the conversation
Judge Phelps Immediately left town for
PttsGeld
The story in Lee was that he had gone to
Boston at the request OF Lieut. Gov Guild
Deputy Sheriff n. A. Noble OF Stockbridge,
who arrested Mr.. Quincy IN Lenox yester-
day, says that the Secretary tried to "bluff
him Speaking OF the case, HE said:
Il was requested by the Selectmen on
Saturday afternoon to keep a watch on
automobiles in the Stockbridge main street,
because there had been so many COM
plants that the speed laws here were being
violated. / had a section of half a mile
on the main street measured of, and with
a stop watch OH Sunday afternoon kept
watch on the automobiles.
Il saw Mr.. Quincy sweep up and down
the street three times, and he was going
at least twenty-five miles ali hour. / called
out to him to stop, and he did willingly.
He gave me his card and said that he would
be at the Servin cottage in Lenox. did
not place him under arrest at that time,
because I had no warrant
Il secured one yesterday morning and
went directly to LenoS. He tried to bluff
me and said he was not answerable to the
laws Of America. He said that he was a
subject Of King Edward OF England and
therefore nothing could be done with him
by the officers and court OF Lee. He found
that bluff didn't work with me-
Because of the prominence of Mr.. Quincy
in Lenox society the international episode
was the talk OF the day in Lenox. At the
hotels, the Lenox Cub, in the post Office
corridor. and in the cottages, Mr.. Gurney's
appeal was discussed. Although Mr.. Cur
ney has been highly thought Of in the ex-
elusive Lenox society, well known Inen did
not hesitate to say that their sympathy
was entirely with the Lee Justice who fined
him, and surprise was expressed that he
had made so much fuss over the incident
Early in the day it was reported that
Judge Phelps had said that IL he
found he had made a mistake in
the Quincy affair he would gladly
apologize to the British diplomat Be-
You'd that he had nothing to say. He
had not up to that time received any Official
communication regarding the matter. Mr.
GurIey could not be seen to-day.
Jtd1a phalr,e said that tho Incident had
not been reported correctly. Mr.. Quincy,
he said was not obliged to sit in the dock
with other prisoners. but entered it after
the other business had been disposed Of
BosroN, Sept. 27.-Acting Governor Curtis
Guild, Jr., when he came to the State House
this morning, at once had a conference
with Assistant Attorney General Frederick
H. Nash relative to the Quincy affair at Lee.
1t was announced that they were preparing
an answer to a message received from the
State Department at Washington, and that
the Acting Governor would also send
message to Judge Henry c. Phelps at Lee.
Mr. Guild sent this telegram:
The following telegram has been received
from the State Department this morning
from Washington:
THE British Embassy informs Inc that
Mr. Quincy, Third Secretary of that EN-
bassy, charged with excessive speed. was
to-day arrested by deputy sheriff, and
taken, after entering protest, under threat
Of force, to the court at Lee, where, In spite
OF his protest, he was sentenced by ID. &.
Phelps, special Justice OF the Lee police
caring that he could not admit the right OF
the Court to sentence him, another fine OF
s25 for contempt Of court and to 60 to
prison II he did not pay.
- NtNA Dow saaI a as NJ
the United States declares that any writ
or process sued out or prosecuted by any
person in any State court or any Judge or
Justice, whereby the person OF any pubic
Minister Of a foreign State Is arrested or
imprisoned, shall be deemed void. Section
4064 declares that any person obtaining or
prosecuting such q writ, and every officer
concerned in executing it, shall be deemed
a violator of the law Of nations and subject
to Imprisonment and fine.
Il have to request that you take such
ALVEY A. ADBB.'
PUTS IT Up TO THE JUDGE.
The Assistant Attorney General informs
me that il the facts are as stated above
you have in your endeavor to enforce the
laws Of Massachusetts, for the security OF
life upon our highways committed In this
particular case grave breach OF inter-
national law. May / ask you to telegraph
me at once II ouuey wan a Sobco ouu
fined in spite Of protest? Other channels OF
redress are open in case OF the violation
OF Massachusetts, laws by the diplomatic
Representatives OF other nations. There
fore il fine was imposed and collected the
Commonwealth will apologize. the fine
must be RENTED, and l need not suggest
10 one 30 respected as you the personal
amend that you will. OF course, desire TO
make to Mr.. Quincy for the error in method
adopted by your court in this unusual case
yindly forward affidavit OF the evidence
Of any breach OF our Massachusetts, laws.
CURTIS GUILD, JR.,
iieutenant-G Governor. Acting Governor
Following is the answer sent to Acting
Secretary Of State Adee by Acting Governor
Guild:
STATE HOUSE, BosToS, Sept. ~, 1sot. :,
Hon Alvey A. Adee. Acting Secretary OF
State. Washington, ID. c.:
Your telegram in regard to the third
Secretary British Embassy just received.
Investigation already started. Immediate
action will lie taken.
CURTIS GUILD, Jr.,
Lieutenant Governor. Acting Governor.
United States District Attorney Moulton
received despatch from the Office OF At
torney-General Moody this morning order
ing him 70 take stems Mt once to preserve