Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-10-03
DIPLOMATS PAID FINE
INCIDENT AT CAPE MAY RECALL
ED BY GURNEY CASE.
How Three Members Of Spanish Lega-
ton Were Fined for Using
Private Team.
Special Correspondence of The Evening Star.

Special Correspondence of The Evening Star.
CAPE MAY. N. j., October 2, 1904.
The recent arrest of Hugh Quincy, third
secretary of the English embassy at Wash
ington, at Lee, Mass, and his being fined
$2o by Special Judge Phelps, for speeding
an automobile at greater rate than Is
lawful In the state of Massachusetts, and
the apology Of Judge Phelps for the braak-
Ing of an International custom, calls to
mind an arrest at Cape May, during the
summer of 1892, of members Of the Span
ish legation at Washington and their being
fined under an ordinance of the city council
of this resort. In the latter case. however,
there was no apology and there was no ap-
peal taken from the alderman who imposed
the fine, and, although he was requested to
return the money he refused to do so, stat
ing 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 offices of the government
were installed at Congress Hall, there be-
Ing at that time representatives of many
foreign legations, cabinet officers and as
sfstant secretaries here in order to be near
to the fountain head of government.
1t was a warm August day, when three
members of the Spanish legation concluded
that they would take a drive out into the
country, and 1t so happened that Bap-
fist minister by the name of Burlew was
the owner of critter to which they took a
fancy and which they hired for the day.
The members of the party were: Senior Don
Jose Felipe Sagrario, first secretary of the
legation, and who was then acting charge
d affaires at Washington in the absence OF
Minister Guanes; Senior Don Manuel Multe-
do, the third secretary, and Senior Don
Rodrigo de Saavedra, an attache.
When they returned early in the evening
with their rig the horse was in precarious
condition and had been evidently driven
very hard. The owner of the horse then
went before the late John G. w. Ware
loca! alderman, and who was then JUS
tice OF the peace, and made complaint.
The constable forthwith went out with his
warrant and stalked into the hotel corridor
about 10 O'Clock at night and brought the
arrested diplomats before the alderman TOR
a hearing. 1t was not long before evidence
had been all given and the alderman placed
fine Of $25 and costs upon each OF the
three men.
Spanish Consul Consulted.
Before the hearing had commenced how
ever these diplomats called into conference
with them DR.. Jose Congosta, who was
then the Spanish consul in Philadelphia and
at that time occupying cottage at Cape
May. Dr. Congosta called into his service
Lewis T. Stevens, a local attorney, and be-
fore trial proceeded the attorney protested
and attempted to show that all violations
of law by member of foreign legation
could only be disposed of through the
routine of the State Department at Wash
| ngton, but Alderman Ware, who had held
| the Office for nearly forty years, paid no
attention either to the attorney, DR.. Con-
costa or any of the members of the lega-
| ton, and so they were fined.
| After consulting with one another and
| letting the matter drag along for a week,
| during which time the alderman threatened
| the law breakers with Imprisonment, the
matter was not brought to the attention OF
| the State Department, and after a great
| deal of talking the alderman kept the
| money and paid the proceeds of the fine
| over to the town treasurer In accordance
| with the state law, Notwithstanding the re-
peated demands for the return of the money
| made by DR.. Congosta, who was afterward
| a commissioner with Judge William r. Day
| of Ohio, to investigate the affairs of Cuba
which they did just before the outbreak OF
| the Spanish-American war. and who is now
| a Spanish consul in New York city.
| The alderman was advised to return the
| fine not only by the local residents of the
| place, but by Elijah Halford, Presiden,
| Harrison's private secretary, by the late
| United States Senator Sewell, who was a
! summer resident at Cape May, and by
George D. McCreary, now a representative
| from Pennsylvania, and others, who saw
| the gravity of the situation, but who were
| unable to impart to the alderman the ligh,
/! as they saw it.