Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-09-29
PHELPS APOLOGIES
Correspondence in Gurney
Case Public.
THE AUTOMOBILE CASE
MASSACHUSETTS GOVERNORS
LETTER TO MR.. ADEE.
Suggests British ambassador Be Ad-
vised of Violation Of Law by
Third Secretary.

sions of regret by Gov. John L. Bates and
Special Justice H. c. Phelps of the munich
pal court at Lee, Mass, that want of
knowledge of international law had resulted
In the imposition of fine by Judge Phelps
upon Hugh Gurney, third secretary Of the
British embassy, have been forwarded to
the State Department at Washington.
Secretary Gurney on Monday last was ad-
judged guilty OF exceeding the laws govern
Ing the speed of automobiles and of con-
tempt OF court In refusing to plead to the
charge against him and was fined $50 He
protested and the matter was called to the
attention of the State Department by the
British ambassador, with the result that
Gov. Bates was asked to investigate.
Prompt action was taken by Lieut. Gov
Curtis Guild, jr., in the absence of the gov
erpor, and by Gov. Bates on his return to
the state yesterday, and several letters,
bearing on the case, were sent to Washing
ton yesterday
BOSTON, September 29.-After allowing
time for the communicate ations in the Phelps
Gurney case to reach Washington. Gov
ernor Bates today made public various let
tiers bearing on the subject.
The governor informed the State De-
partment that the judgment against Third
has been vacated and the fines imposed
remitted He says that Judge Phelps had
expressed regret to the secretary by let
ter, copy of which he forwards. together
with statement by Judge Phelps. Gov
ernor Bates suggests that the attention of
the British ambassador be called to the
breach of the laws of Massachusetts under
the belief that the ambassador will take
The governor also expresses regret that
want OF knowledge of the law has re-
suited in an error of judicial authority
In Massachusetts and expresses the hope
that statement of regret by Judge Pheips
may be recognized as a conclusive dis
avowal of any intention of Massachusetts
courts to ignore International law.
Governors Letter
The governors letter to the State Depart
ment follows:
EXECUTIVE DEPARTMENT,
Boston, September %.
Hon. Alvey A. Adee,
Acting Secretary of State,
Washington, D. c.:
Sir: Your telegram of September 26 was
received In my absence and replied to by The
lieutenant governor. acting governor.
AS the result of an Investigation made by
him / find that Mr.. Gurney, the third sec
retary Of the British embassy was found
guilty by Judge Phelps, justice Of the po-
lice court of Lee, in the county of Berkshire,
in this commonwealth, upon a charge of
violation Of the law of this state relative to
the running of automobiles upon the public
highways. The statement of Judge Phelps
with relation to the proceedings in the case
l inclose herewith. From this it appears
that, under a miSapprehension as to the
Jurisdiction of his court over the person of
the defendant, the justice acted in violation
of the United States statutes in adjudging
Mr.. Gurney guilty and in imposing SEN
tencn therefor heinp nf
error Judge Phelps ordered the judgments
vacated, the fines imposed remitted and has
requested me to forward through you to
Mr.. Gurney his inclosed letter.
Regrets Lack Of Knowledge.
AS executive of this commonwealth /
deeply regret that want of knowledge of
the law, seldom, If ever invoked In our in
ferior courts with relation to the immunity
of representatives of foreign government,
has resulted in this error of judicial au-
thority, and venture to hope that the ex-
planation and expression Of regret forward
ed herewith by Judge Phelps may be recog-
nized as a conclusive disavowal of any in
tentfon on the part of a member of the
judicial department of the government of
this state to ignore the recognized provi-
sions of international law, or to manifest
any disrespect to a representative of the
government of his Britannia majesty.
While the incident is greatly to be de-
plored, l venture to suggest as in some
degree exculpatory of the court in this
matter that the representatives of foreign
governments who have dwelt among us
have always conducted themselves with
such regard for the laws of the common
wealth as to hitherto furnish no occasion
for the consideration by our courts of
criminal jurisdiction of the immunities to
which such foreign representatives are en-
titled under the law of nations and
fhrQnPh
when disregarding our laws.
l suggest that the attention of the am
bassador of his Britannia majesty be in
vited to the breach of the laws of this COM
disclosed in the statement Of
Judge Phelps accompanying this letter. be-
iieving that, If his attention is called to it
he will take such action to make GER
tain that immunity from prosecution in our
courts shall not permit the safety of our
citizens to be endangered our laws to be
violated because. through internationa
comfy. jurisdiction of our own tribunals
is withheld. Respectfully.
JOHN L. BATES.
Judge Phelps Letter.
The letter of Judge Phelps to Third Sec
retary Gurney follows:
LEE, Mass, September u. 1904.
Hon. Hugh Gurney,
Third Secretary of His Britannia
Majesty's Embassy, Lenox, Mass
Sr: AS Jusuce OF the Lee police court l
find occasion to express my profound re-
gret that, through a misapprehension of
the law ! assumed that the court had turis
dfction over the person of a member of the
embassy of the British government Hay-
ing become apprised of this error and seek
Ing to make all possible reparation there
Tor, the court has vacated and annuled all
proceedings taken In the matter Of the com
plaint against yourself and the erroneous
judgment entered thereon
Il beg further to express my profound
personal regret that | should have been.
without Intentional error, the cause Of
your own personal vexation and annov
ance, or that anything should have oc
Cured which may have seemed to he.
though not so in fact, want of respect
for the rights of representative of the
government of his Britannia majesty.
Respectfully
HENRY c.. PHELPS.
Justice of the Lee police court"