The sun. [volume] (New York [N.Y.]) 1833-1916, 1904-09-27
BRITISH ATTACHE FINED 500.
JUDGE PHELPS HOLDS HE'S NOT
IMMUNE FROM THE Law.
state Department Takes Up Case at Re-
quest Of British Charge D'Analres
Massachusetts Governor Asked to
Take Action Apology Suggested.

quest Of British Charge D'Analres
Massachusetts Governor Asked TO
Take Action Apology Suggested.
PIrTsFIELD. Mass, Sept. 26.-Hugh Cur
ney, Third Secretary Of the British En-
bassy, was fined in the Lee district court
this morning for contempt Of court and for
violating the speed law in Stockbridgs
yesterday. Mr.. Quincy was arrested by
Deputy Sheriff d. A. Noble, of Stookbridge,
who alleged that Quincy was operating his
motor car at a rate OF speed exceeding
twenty miles an hour.
When arraigned in the Lee district court
this morning MIR. Quincy was accompanied
by two other members of the embassy.
He was asked to plead to the complaint
which had been made and refused to do so
on the ground that he was British subject
and member Of the British Embassy.
Judge H. T. Phelps was on the bench.
Mr.. Phelps is a prominent resident Of Lee
and promoter. He knows common law,
but has had little experience with court
matters. He knows, however, that Lenox
residents have little respect for speed
ordinances. Mr.. Quincy sat inside the
dock, as befltted his dignity as foreign
representative.
You will plead to the complaint, said
Judge Phelps to the diplomat.
Mr.. Quincy suffers badly. ILL Coo
can't p-p-p-lead," he said. "I-I-Tm a
representative Of HILL His M-M-Majest
Government" he brought out with an effort.
What, you refuse TO plead in Massa-
chusetts court?' rejoined the Judge.
AYou plead to the complaint or will fine
you for contempt OF court"
I'LL r-r-refuse tito p-p-plead,'
suffered Quincy.
.You are fined s25 for contempt Of court
and SOS for violating the speed law said
Judge Phelps.
Mr.. Quincy said something about not
having $50 with him.
AN officer will accompany you to Leno1
for the amount OF the fne," said the Court.
The diplomat left the courtroom. accom-
panied by deputy sheriff, who went with
him to Lenox, where the money was paid
over.
Judge Phelps was seen at the close OF the
court. Il don't care TO discuss the case for
publication" he said. Il will say that men,
bers Of the British Embassy or Of any other
embassy will be treated the same as any
citizen Of the Commonwealth in this court.
II.
tner In Lenox at the Servin cottage, where
the British Embassy has its headquarters.
Soon after reaching Lenox this summer he
bought new touring car, In which he has
been making excursions throughout the
country during the season. Recently the
etookbridge authorities held o meeting and
voted to pay q reward for the arrest and
conviction Of violators of the speed law 10
6tookbridge, and since then the Stock
bridge Officers have been on the alert for
StolatorA They have vainly attempted to
overhaul several automobiles who have
run their cars at a fast speed through the
town, but the sntomobilists have invariably
ddistanoed the officers and escaped
Yesterday Deputy Sheriff Noble was on
Shs watch for speeders and timed Mr.. Cur
ney, obtained the number Of the car and
Notified tho diplomat that he must appear
m court In Loo to-day. Mr.. Quincy Is
amember Of an old Norfolk family. Vienna
was his first post, and he was assigned to
shs British Embassy in America about .
year ago.
INTERNATIONAL INCIDENT.
wAGHnSaroN, Sept 2s.-The arrest Of
Hugh Quincy. third secretary Of the British
Embassy, at Lee, Mass, to-day, for exceed
INK bpScu hIliv AOi dusOLioohcop bo5
raused something Of an international In
cident, which will require an apology from
Some one.
Quincy was arrested by a policeman in
The town OF Lee, ne ar Lenox, was taken
before local Magistrate and fined s2s.
despite his protest that being member of
The Diplomatic Corps he was not subject to
arrest or fine.
III Mr.
Quincy notified Arthur Rail1es, the British
Charge d'Affaires at Lenox. in the absence
Of Ambassador Durand, and Mr.. Raikes
autographed to the State Department, set-
ting forth the circumstances and request
Ing the aid of the Department in securing
the release Of Mr.. Gurney.
A telegram was at once sent by the act
ing Secretary Of State to the Governor Of
Massachusetts,, asking him to take prompt
action In the matter by directing the Magis-
trate to set Mr.. Quincy at liberty and sug-
costing that an apology be rendered him
for his unwarranted arrest.
Under the law foreign Ambassadors and
Ministers and all their suites are not only
immune from arrest, but there is provision
for fning and imprisoning all who are
concerned in such prosecution. The term
- N~s
to exceed three years.
IMMUNITY OF SECRETARY OF LEGATION.
Sir Percy Sanderson, the British Consul
General in this city. is out of town and Mr.
Give yley. the Consul, who is in charge.
declined to discuss or make any comment
Yesterday on Secretary Gurney's experience
in the Massachusetts, court. The other
attaches OF the consulate evinced the live
Hest interest in the matter. but would not
discuss IL for publication.
Ambassadors and their domestic and
official households enjoy advantages under
the laws of this country that no other class
Of persons enjoy. Ambassadors cannot be
arrested for any offence. They are amen
able solely to the laws OF the country which
they represent. Section 1868 OF the Re-
vised Statutes OF the United States says;
Whenever any writ or process is sued out
or prosecuted by any person in any court OF
the United states or OF a State. or by any
Judge or Justice whereby the person OF any
public Minister of any foreign prince or state.
authorized and received IA such by the Presl-
Il fin or q az