New-York tribune., 1904-09-28
TO REPORT TO GOVERNOR
Government Message Forgcarded to
Judge Phelps.

Boston. Sept "A telegram from Washington
bearing on the fining OF Hugh Quincy third Secre-
tary OF the British Embassy. by Judge Phelps. at
Lee. Mass yesterday. was received at the executive
department at the State house here early to-day.
Governor Bates is absent from the city and is not
expected st the State House until tomorrow after
noon The Washington message was received by
Lieutenant Governor Curtis Guild. jr who AT once
conferred with Assistant Attorney General Fred
H Nash Attorney General Parker being away.
Pending this conference tho contents OF the mes
sage were not made public At the close OF the
conference the Lieutenant Governor al once sent
dispatches 10 Mr.. Adee, Acting Secretary OF state
who signed the telegram from the State Depart
ment and TO Judge Phelps, al Lee The telegram
from the State Department follows:
Washington. September %.
Hon, John /. Bates Governor OF MASSACHUSETTS,
British Embassy informs me that Mr. Gurney.
third secretary that embassy charged with driving
automobile at excessive speed was to-day arrested
by Deputy Sheriff and taken after entering protest
under threats OF force, 10 the court az Lee &heh n
phelps special Justice OF Lee police court 10 pay
fine of $25 and on his declaring that ne CpGu @ hot
admit the right of the court TO sentence MN an
other fine OF SIS for contempt Of court and 10 go
secti9n erti9n 4s Revised Statutes OF the United
States declares that writ or process issued out
or iudge or Justice. whereby the person Of any
pgbic minister Of Ia deemed 59rgled 2od OF
Section 1854 declares that any person obtaining
or presenting sqGh m xec1,R wfI 9 m shall be deemed
violator Of the law of nations and subject 10 i'm
RaVe to req request that you take such action
may be proper in this case ,-rv .Drr
Acting Secretary OF state
The Lieutenant Governors message 10 the Act
ing Secretary OF State follows;
state House. Boston. Sept. q.
ETn our teisTam in regard to Third Secretary Of
British Embassy just received. lnyes9gatlon al
ready started i"'nsoil's '''tR4 Curtis GuiID.
Lieutenant Governor, Acting Governor.
The telegram TO Judge Phelps said:
II r { Phelps Special Justice Lee Mass
The following Telegram has been received from
the State Department at Washington. Here is
fyen Fs ts pAorney General Informs me tRa
il the facts are as stated above you have in your
the secJirly II life upon our highways committed
in this particular case grave breach of inter-
once if Mr.. Gurney was arrested and hned in spite
in case Of the violation of Massachusetts laws by
the diplomatic representatives OF other nations.
Commonwealth will apologize. The fne must be
remitted. and need not suggest to re-
OF course desire 70 make to Mr.. Gurney for the
unusual case. Kindly forward affidavit Of the
evidence Of any breach Of 4iT lays
Lieutenant Governor. Acting Governor.
william H. Garland. Assistant United States Dis
trtc Attorney. left for Lee this afternoon. District
Attorney Sfouton having received instructions by
telegraph from Attorney General William H.
Moody to investigate the arrest and prosecution OF
the British Ambassadors secretary. At the Dis
trict Attorneys Office 1t is held that the proceedings
under the United States statutes are void The
investigation is ordered. IL is understood so that
the evidence may be placed before the proper gov
ernment officials for such further action as the
case may demand. S
At $50 D m. the executive department having
received no word from Trial Justice Phelps efforts
were made to establish communication with the
trial justice over the telephone II was found that
Judge Phelps had no telephone either at his home
at his Office. and that his home was two miles
from the nearest public telephone. Several teie
phone messages were sent. One Of them was that
an immediate answer to the Governors telegram
of the morning was TO be forwarded. or Judge
Phelps must report in person at the State House
Late this afternoon Acting Governor C;ufld re-
Geiyed a telegram from Lee to the effect that
fee at the opening OF business tomorrow morning