The Barre daily times. (Barre, Vt.) 1897-1959, 1904-09-30
PHELPS
APOLOGIES
Also RENTS Fine Of Hugh Quincy
Diplomat and Alleged ScOrcher.
BATES MAKES A SUGGESTION

Now That international Law Is Salts
fed, Governor Of Massachusetts De-
sires That British Ambassador Should
indicate the Bay State Law.
Boston, Sept 30.-After allowing Tins
for the communications in the Phelps
GurAey case to reach Washington, Gov
ernor Bates made public various let
ters bearing On tile subject, The gov.
ernor's letter to the state department
follows;
Your telegram OF Sept &c was received
In my absence and replied TO by the
lieutenant governor. acting governor.
| As the result Of an investigation mazda
by him | find that Mr. Quincy. the third
] secretary OF the British embassy. was
| found guilty BY Judge Phelps, justice OF
the police court OF Lee, IN the county OF
/ Berkshire. in this commonwealth. upon q
charge Of violation of the law OF this
| state relative 10 the running Of automo-
/ biies upon the public highways The
statement Of Judge Phelps with relation
| TO the proceedings Ia the case I incIose
herewiths From this it appears that
under misrepresentation as to the juFis
/ diction OF his court over the person 81
/ the defendant the justice acted iii yio-
lation Of the United States statutes in
adjudging Mr.. Quincy guilty and ia if1-
4 posing sentence therefor. Upon being APP
| prised OF his error Judge Phelps ordered
the judgments vacated, the fines imposed
remltted and has requested me to for
ward through you 10 Mr.. Quincy his in
closed letter.
As executive Of this commonwealth
/ deeply regret that want OF knowledge OF
| the law. seldom If ever Invoked In our in
ferior courts, with relation to the Inn
| manity Of Representatives Of a foreignl
| government has resulted III this error Of
judicial authority. and | venture to hope
that the explanation and expression Of
regret forwarded herewith by Judge
Phelps may be recognized ais a conclu-l
| siye dsavowai Of any intention on the
part Of q member Of the judicial depart
ment Of the government Of this state to-
ignore the recognized provisions Of inter-
| national law or to manifest any disre-
| spect to a representative OF the govern
ment Of his Britannia majesty.
Bates Rap at Quincy.
While the Incident is greatly to be de-
plored, ] venture TO suggest as IN some
degree exculnatory Of the court IN this
matter that the representatives Of foreign
governments who have dwelt among us
have always conducted themselves with
such regard for the laws OF the common
wealth as to hitherto furnish no occa-
sion for the consideration by our courts
OF criminal Jurisdiction OF the immuni-
ties TO which such foreign representatives
are entitled under the law Of nations and
through which they may lind protection
when disregarding our laws.
! suggest that the attention Of the ans
bassador Of his Britannia majesty be in
ssyited to the breach OF the laws Df this
commonwealth disclosed III the statement
Of Judge Phelps accompanying this letter.
believing that II his attention is called to
it he will take such action as to make
| certain that immunity from prosecution
! in our courts shall not permit the safety
| of our citizens to be endangered or our
laws 10 be violated because. through in
tefnational comfy jurisdiction Of our
own tribunals is withheld
The letter Of Judge Phelps to Third
Secretary Quincy follows:
Sir-As justice Of the Lee police court |
find occasion to express my profound re
greet that through a misrepresentation Of
the law ] assumed that the court had
Jurisdiction over the person Of d member
Of the embassy Of the British govern
y ment. Having become apprised OF this
error and seeking 10 make all possible
s reparation therefor. the court has va
Gated and annulied all proceedings taken
in the matter Of the complaint against
i yourself and the erroneous judgment en-
tered thereon,
beg further to express my profound
personal regret that / should have been
J without intentional error, the cause OF
l your own personal vexation and annoy
ance or that anything should have &c,
Cured which may have seemed TO be
though not so Ia fact, want Of respect
! for the rights OF a representative OF thu
government Of his Britannia majesty
1t Phelps Explanation to Governor.
Judge Phelps IN his letter to Acting
| Governor Guild states that Mr. Gnr
Z ney was arrested and arraigned under
section 5, chapter 4T3 OF the acts Of
s the commonwealth Of Massachusetts
which forbids any person to run al
automobile through the streets of any
village at a speed exceeding ten mile.
an hour He says further:
Mr. Quincy refused to plead to TIL
charge and / thereupon ordered a plea O
mot guilty" to be entered. Evidence wal
then presented satisfying me beyond {
! reasonable doubt that the offense has
been committed as charged. Accordingis
i I found Mr. Quincy guilty and sentenced
MIN % pay q fine Of S25
The statements made BY Mfr. GurneA
before the court were OF such character
as to appear To me to be q manifest ant
! intentional defiance Of judicial authority
and to be- as ] believed and found, Il
contempt OF court Thereupon ] adjHdg
I ed him so III contempt and imposed a fins
E OF So therefor
. have since learned that Mr. Quincy
D. 4sfzf