The Savannah morning news., 1904-09-30
HUMBLE APOLOGY
TO BRITISH ATTACHE
FOR FINE IMPOSED UPON HIM.
JUDGE STILL THINKS, THOUGH.
THAT GURNEY WAS DEFIANT.

Though He Apologies for His Fall
ure to Grant the Immunity of the
Person of the British Secretary,
the Massachusetts Magistrate Did
Not Like His Naughty Attitude.
Ambassador May Deal With Him.
Boston, Sept. 29.-Expressions of re-
greet by Gov. John L. Bates and Spe-
cial Justice H. C. Phelps of the muni-
cipal court at Lee, Mass. that want
of knowledge of international law had
resulted in the imposition of a fine by
Judge Phelps upon Hugh Quincy,
third secretary of the British embassy,
have been forwarded to the State De-
partment at Washington.
Secretary Quincy ON Monday last
was adjudged guilty of exceeding the
laws governing the speed of automo-
biles and of contempt of court in re-
fusing to plead to the charge against
him and was fined $50 He protested,
and the matter was called to the at
tention of the State Department by the
British ambassador, with the result
that Gov. Bates was asked to investi-
gate.
Prompt action was taken by Lieut..
Gov. Curtis Guild, Jr., in the absence
Of the Governor and by Gov. Bates on
his return to the state yesterday, and
several letters bearing on the case
were sent to Washington yesterday.
Governors Examination.
Gov Bates in his letter informs the
against Third Secretary Quincy of the
British embassy, has been vacated and
the fines imposed RENTED. He says
that Judge Phelps had expressed re-
greet to the secretary by a letter, a copy
of which he forwards together with a
statement by Judge Phelps
Gov. Bates suggests that the at
tention of the British ambassador be
called to the breach of the laws of
Massachusetts under the belief that the
ambassador will take such action as
the case may demand.
The Governor also expresses regret
that want of knowledge of the raw has
resulted in an error of judicial au
thority in Massa chusetts. and eX-
presses the hope that the statement of
regret by Judge Phelps may be recog-
nized as conclusive disavowal of any
intention of Massachusetts courts to
ignore international law.
The letter of Judge Phelps to Third
Secretary Quincy follows:
Sir; AS justice of the Lee Police
Court, l find occasion to express my
profound regret that, through a mis-
apprehension of the law. 1 assumed that
the court had jurisdiction over the per-
son of a member of the embassy of
the British government. Having be-
come appraised of this error and seek
ing to make all possible reparation
therefor, the court has vacated and an
nulled all proceedings taken in the
matter of the complaint against your
self and the erroneous Judgment en-
tered thereon.
Il beg further to express my pro-
found personal regret that I should
have been, without intentional error,
the cause of your own personal VeXa-
ton and annoyance, or that anything
should have occurred which may have
seemed to be though not so in fact.
want of respect for the rights of
representative of the government of
His Britannia Majesty"
His Attitude Defiant.
The statement of Justice Phelps is
an elaboration of the facts in the case
briefly set forth in the letter of Gov.
Bates to the State Department.
The statements made by Mr.. Quincy
before the court Justice Phelps says
were of such a character as to appear
to him to be a manifest and intentional
defiance of judicial authority and to
be, as he believed, and found, in con-
tempt of the court. He proceeded, he
said, in ignorance of the usages Of in
ternational law and of the provisions
of the federal statutes, the question
never before having come before the
court, nor was it so presented to him
as to advise him of his error in the
premises. The action of the court,
Justice Phelps declares. was inspired
wholly and absolutely by purpose to
enforce the law and for the protection
of human life endangered by the con-
duct Of Mr.. Quincy as established by
the evidence presented to him.