The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1904-09-28
REDRESS FOR GURNEY
Governor Of Massachusetts
Calls For Apology.
FINE WILL Be RENTED DIPLOMAT
Arrest and Filming of British EN-
bassy Secretary DisapprOved of
by WnsIfingtOD-Amend VIII
he Made Him.

by WnsIfinGtOn-Amend VIII
he Made Him.
BOSTON, Sept. 2S.-A telegram from
Washington bearing on the filming of
Third Secretary Quincy of the British
embassy by Justice Phelps ut Lee,
Mass, has been received at the state
house mere.
Governor Bates is absent from the
city and is not expected at the state
house until this afternoon. The Wash
ington message was received by Lieu
tenant Governor Curtis Guild. Jr., who
at once conferred with Assistant At
torney General Fred II. Nash.
After the conference was concluded
the lieutenant governor at once sent
dispatches to Acting Secretary of State
Adee, who signed the telegram from
the state department, and to Judge
Phelps at Lee. The telegram from the
state department follows:
"Hon. John L. Bates, governor Of Mas
sachusetts Boston:
British embassy informs me that
Mr.. Quincy, third secretary of that
embassy, charged with driving auto
mobile at excessive speed, was today
arrested by deputy sheriff and taken
after entering protest, under threats of
force, TO the court at Lee, when. in
spite of his protest. he was sentenced
by IL. c. s. Phelps, special justice of
the Lee police court, To pay n fine of
$25 and on his declaring that he could
not admit the right of tie court to
sentence him another fine of SO for
If he did not pay.
Section 1908, revised statutes of the
United States, declares that any writ
of process issued out or prosecuted by
any person in any state court or judge
or Justice, whereby the person of any
public minister of foreign state is
arrested or imprisoned, shall be deem
ed void.
Section 40G4 declares that any per-
son obtaining or prosecuting such writ
or process and every officer concerned
In executing it shall be deemed a vio-
lator Of the law of nations and subject
to Imprisonment and fine.
IL have TO request that you take such
action as may be proper in this case.
ALVEY A. ADBE,
acting Secretary of State"
The lieutenant governors message to
the acting secretary of state follows:
'Hon. Alvey A. Adee, Washington.
Your telegram In regard to third
secretary of British embassy just re-
celved. Investigation already started.
Immediate action viii be taken.
CURTIS GUILD,
Lieutenant Governor"
The telegram TO Justice Phelps said.
al. c. S. Phelps, Special Justice, Lee,
Mass.
"The following telegram has been
received from the state department at
Washington:
''[Here is given the dispatch Of Act
ing Secretary Adee The assistant at
torney general. informs me that If the
facts are as stated here you have, in
your endeavor to enforce the laws OF
Massachusetts for the security of life
upon our highways. committed in this
particular case a grave breach of in
ternational law May | ask you tc
telegraph me at once if Mr.. Quincy
was arrested and fined in spite of pro
test
! "Other channels of redress are open
| Ii. % hn ,sfpIatinn Of MgGGnnhU.
sets laws by the diplomatic repre-
sentatives of other nations. Therefore
if fine was imposed and collected thu
commonwealth will apologize. The fine
must be RENTED, and l need not sue.
gest to one so respected as you the
personal amend that you VIII, OF
| course, desire to make to Mr.. Quincy
| for the error in method adopted by
| your court in this unusual case Kindly
forward me affidavit of the evidenc,
of any breach of Massachusetts laws.
CURTIS GUILD,
Lieutenant Governor"
Lieutenant Governor Guild said that
no further action would be taken unit
he had heard from Justice Phelps.
A pittsfeld dispatch says that Spe
cial Justice Henry c. Phelps of Lee
whose action in filming Hugh Quincy
third secretary of the British am6as
sador, in the district court has called
forth action by the authorities al
Washington, has stated as follows:
81 was dispensing justice according