The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1904-09-30
APOLOGY MADE
BY THE COURT
Justice Phelps Admits His
Mistake and RENTS the
Fine Imposed OF Quincy

BOSTON, Sept. 29.-After allowing
time for the communications in the
Phelps-Gurney case to reach Washing
ton, Governor Bates to-day made pub
lie previous letters bearing on the sub
ject. The Governor informed the State
Department that the judgment against
Third Secretary Quincy of the British
Embassy has been vacated and the
fines imposed RENTED. He says that
Judge Phelps had expressed regret to
the secretary by letter, a copy of which
he forwarded together with a state
ment by Judge Phelps. Governor Bates
suggests that the attention of the Brit
ish 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 law has
resulted in an error of judicial author
ity in Massachusetts, and expresses
the hope that the statement of regret
by Judge Phelps may be recognized as
a conclusive disapproVal of any inten-
ton of Massachusetts courts to ignore
international law.
The statement of Justice Phelps is an
elaboration of the facts in the case
briefly set forth in the letter of Gov
ernor Bates to the State Department.
The statements made by Quincy be-
fore the court, Justice Phelps says,
were OF such character as to appear to
be a manifest and intentional defiance
of judicial authority and to be, as he
believed and found, In contempt OF
court. He proceeded, he said, in ignor-
ance Of the usages of international law
and of the provision 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 ac-
ton of the court, Justice Phelps de-
clares, was inspired wholly and abso-
lutely by a purpose to enforce the Law,
and for the protection of human lite
endangered by the conduct of Quincy
as established by the evidence present
ed to him. The letter of Judge Phelps
to Third Secretary Quincy follows:
LEE, Mass, Sept %, 1901
Hon Hugh Quincy, Third Secretary to His
Britannia Majesty, Lenox, Mass-Sir: As
sion to express my profound regret that
through a misa pprehension OF the law, 1 as
sumed that the court had Jurisdiction over
the person of a member of the Embassy Of
the British Government. Having become APP
prised of this error and seeking to make all
possible reparation therefor. the court has va
Gated and annulled all proceedings taken in
the matter of the complaint against yourself
1 beg further to express my profound per-
sonal regret that / should have been, without
intentional error the cause of your own per-
sonal vexation and annoyance, or that anything
should have occurred which may have seemed
to be. though not in fact. want of respect
for the rights of a representative of the gov
eminent of his Britannia Majesty. Respect
fully HENRY c. PHELPS,
Justice of the Lee Court.
WASHINGTON, Sept. Ex-Governor
Bates report, as published, was re-
ceived at the State Department this
afternoon and was Immediately given
a careful perusal by the officials.
1t was found scarcely to meet the
needs of the department, because it
does not set out the details of the Lee
affair, which are required to make out
a legal presentation of the case. There
fore the department has decided to
await the report which is expected to
be forthcoming in the Department of
Justice on this subject in the course