The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1904-09-27
ARREST OF CIJRNEY.
Secretary of Embassy Held
as Lawbreaker.
RUSHED CAR TWENTY NILES An HOUR
Diplomats Are Relieved From Legal
Responsibility md Judge Phelps
May Have Exceeded His
Authority.


Authority.
WASHINGTON, Sept GA Pitts
field (Alass.l dispatch says that Hugh
Quincy, third secretary of the British
embassy. was fined in the Lee district
court for contempt of court and for
violating the speed law in Stockbrldge
Mr. Quincy was arrested by Deputy
Sheriff d. A. Noble, 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 Mr.. Quincy was accompanied by
two other members of the embassy
He was asked to plead to the com
plant which had been made and re-
fused to do so on the ground that he
was a British subject and member
Of the Brlojh embassy.
Judge Ii. T. Phelps was on the
bench. Mr.. Phelps is a 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:
you plead to the complaint or will
6ne you for contempt Of court"
When Mr.. Quincy refused to plead
the judge said
You are fined $50 for contempt of
court and Sd 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 deputy sher
lift, who went with him to Lenox.
where the money was paid over.
Judge Phelps was seen at the close
of the court, II don't care to discuss
the case for publication he said Il
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"
Notice of the action of a special jus
tice at Lee, Mass, In finding Hugh
Quincy, third secretary of the British
embassy. was received at the state de-
partment in telegram from Mr..
Ralkes, first secretary of the embassy,
who is at Lenox The department i'm
mediately transmitted this telegram in
substance to the governor OF Massa-
chusetts. with the suggestion that he
DO whatever might be necessary TO Sc
cure the diplomatic immunity of Mr..
Quincy. Ii is believed at the depart
ment that the matter may be far more
serious than the local officials at Lee
seem 10 regard II. In the first place. by
constitutional and statutory law the
persons attached to an embassy are
expressly relieved from any legal re-
sponsibility, and exemption even eX-
tends to domestic servants Section
1868 revised statutes, declares that
any writ prosecuted in any court of
the United States or OF state or by
any judge or justice intended to cause
the arrest and Imprisonment of any
public minister or his servant shall be
void. The succeeding section, 1864, re-
vised statutes. provides that every per-
son by whom any such protest is OBJ
tanned or prosecuted, whether as party
or attorney. and every officer CON
cerned in its execution shall be
deemed violator of the law of the ma
lions and a distwber of the public r9
pose and shall be imprisoned for not
more than three years and fined at the
discretion of the court"
1t will remain for the governor of
Massachusetts 10 take initial action i'm
this case which will require prompt
redress. The last important precedent
occurred in 1892 at the picnic resort of
Bay Ridge, near Baltimore, when Or.
George, an attache Of the Swiss lega-
ton in Washington, was arrested by
deputy sheriff on the charge of being n
pickpocket and was searched and 9TH
erwise treated in a humiliating man
ner by the local authorities. The state
department secured his release at an
early moment through the governor of
Maryland, who also caused the dis
misSal~ Of the offending deputy and eX-
tended an apology for the incident.
Though the Swiss minister might have
pressed further punishment, he accept.
ed what had been done as sufficient.
but the matter was deemed of such
Importance that he could not give this
notice to other governments unless the
Swiss federal council had formally
considered the case and expressed It.
self satisfied