Waterbury evening Democrat., 1904-09-27
ARREST OF GURNEY.
Secretary of Embassy Held
 as Lawbreaker.
RUSHED CAR TWENTY MILES AN HOUR
Diplomats Are Relieved From Legal ResponsibiIity - Judge Phelps Exceeded His Au-
 th0rity.

field (Mass.) dispatch says that Hugh Gurney, third secretary of the British embassy, was fined in the Lee district court for contempt of court and for violating the speed law in Stockbridge. MT. Gurney was arrested by Deputy Sheriff D. A. Noble, who alleged that Gurney was operating his motor car at rate of speed exceeding twenty miles an hour.
 When arraigned in the Lee district court MT. Gurney was accompanied by two other members of the embassy. He was asked to plead to the com plaint which had been made and re- fused to do so on the ground that he was a British subject and a member of the British embassy.
 Judge H. T. Phelps was on the bench. MT. Phelps is prominent resi- dent of Lee and promoter. He knows common law, but has had little expert ence with court matters. He knows, however, that Lenox residents have little respect for speed ordinances.
 Judge Phelps said to the diplomat:
 'sYou plead to the complaint or will fine you for contempt of court
 When MT. Gurney refused to plead the judge said:
 "You are fined $25 for contempt of court and $25 for violating the speed law
 "An officer will accompany you to Lenox for the amount of the fine," said the court. The diplomat left the court room, accompanied by a deputy sher- if, who went with him to Lenox, where the money was paid over.
 Judge Phelps was seen at the close of the court. "I don't care to discuss the case for publication" he said. T will say that members of the British embassy or any other embassy will be treated the same as any citizen of the commonwealth in this court.''
 The case of Mr. Gurney was re- ferred to the state department in Washington by Arthur s. Raikes, coun- sel for the British embassy. MT. Cur ney could not De seen, but MT. Herbert 6. Dering, second secretary of the en- bassy, said:
 This is case of international law with which doubtless the Lee court jus tice is not acquainted. Out of cour- Eesy to the members of this embassy the fine should promptly have been re- mitted
 'I don't claim that we can come here and defy the laws of America. If they were violated 1t was, of course, unin- tentional. don't care to say anything further about it, as the question is in the hands of the state department"
 The state department has telegraphed Co Governor Bates of Massachusetts that the arrest and hning of Gurney for speeding his automobile was in violation of federal law and interna- honal amenities.
 l All diplomatic agents are exempt from civil or criminal prosecution un- der the laws of the United States. In i the light of this advice Governor Bates is expected to see that the local magistrate remits the fines imposed. The state department will then express Co the British government it's regret ehat the incident occurred. Although the incident was in itself insignificant, it assumes great propor- lions as an affront to the dignity of the British embassy. Sir Henry Mortimer Durand, British ambassador, learned of the arrest of MT. Gurney soon after l he returned from trip to Mount Yer non with the archbishop of Canter- bury, and he soon called upon Acting Secretary of State Loomis.
 While the ambassador supposed the incident was due to ignorance of the privileges of diplomatic representatives I the state department was depended upon to make reparation for the slight to British dignity. Steps in this direc- tion had already been taken when Sir Mortimer saw MT. Loomis
 The deputy sheriff, magistrate and I all authorities involved in the arrest of Mr. Gurney have laid themselves open to fine or Imprisonment