He of the Shattak Kaza of this vilayet, was brought to Dr. Ussher for treatment. was suffering from an affliction of the brain, caused by a blow from a stone. The operation of trepanning was successfully performed, and all would have gone well had he not persisted in thrusting his hand underneath the bandages. This caused suppuration and death resulted. The charge of hastening the natural causes of death which has been brought by the relatives of the deceased is entirely without foundation, and is, I fancy, made at the instigation of the former municipal doctor, Fathe Bey, who has now left this town. He was no friend of Dr. Ussher and wished to place difficulties in his way. I have informed the local authorities that the case must be referred to the Sublime Porte, and have also notified His Majesty's embassy for the information of the United States legation. SIR: Referring to my dispatch No. 190, of the 24th ultimo, including a copy of a communication from Mr. H. E. Satow, the acting British vice-consul at Van, informing me that Dr. Ussher, of the American mission at Van, had been summoned before the examining court on the criminal charge of having hastened the death by trepanning of one Tahir, a corporal of Hamidieh Cavalry, and that he had refused to serve the warrant and had advised the authorities that the case must be referred to the Sublime Porte, I have now the honor to inclose a copy of my answering dispatch expressing my appreciation of his attitude and giving him at the same time for his future guidance, as his good offices may again be needed in judicial matters affecting Americans, the understanding held by the legation of the capitulations in judicial actions as communicated to me by a former minister to Turkey, Mr. James B. Angel, in a dispatch numbered 13 and dated November 6, 1897. I may here add that British consular officers at Van are recognized by the authorities as representing American interests. I forward also a copy of a second communication from Mr. Satow in reply to my telegram to him of May 24, which is quoted in my dispatch No. 190 to the Department, suggesting that since there is no ground for the complaint, the governor-general might quash the action against Dr. Ussher upon receiving a full explanation of the case, stating that the governor-general had declared his inability to order the withdrawal of the charge, as the proceedings had been instituted under instructions from the ministry of justice, acting upon the advice of the medical council. His excellency added, however, that if he were to be asked from Constantinople for his opinion in this matter, he would immediately report that the action was entirely groundless. The several inclosures to Mr. Satow's dispatch will be found attached. From a perusal of Mr. Satow's communications of May 12 and 30, it would appear that the attack upon Dr. Ussher was made by Fathe Bey, late municipal doctor at Van, in a report to the medical council at Constantinople, which accepted the report and advised the ministry of justice to institute proceedings against him. Since, however, Mr. Satow quite properly refused to serve the summons issued by the examining judge, the case is closed as far as the judicial authorities at Van are concerned, who will undoubtedly refer it back to the ministry of justice at Constantinople. I am, etc., LEO BERGHOLZ. [Subinclosure 1.] CONSULATE OF THE UNITED STATES, SIR: I have the honor to acknowledge the receipt of your dispatch of the 12th instant regarding the criminal charge against Dr. Ussher, a copy of which has been forwarded to the legation of the United States, and to confirm my telegram of the 24th instant, as follows: "Action Ussher case heartily approved. Since no ground for complaint exists, would Vali not quash action upon receiving full explanation of case? If not, kindly send me certified copy of charge.' I desire to express my appreciation of your attitude in this matter, and to thank you for the assistance you have always been so prompt to render American interests. In view of the fact that your good offices may again be needed in judicial matters in which American citizens are concerned, I beg to give, for your guidance, our view of the capitulations in judicial actions. If a consul is asked to summon an American citizen as defendant to appear in a Turkish court, he should demand the exact charge against the citizen. If the complaint shows that it is a civil case, such, for instance, as a question of contract, of debt, etc., then the summons should be served, and the consular dragoman sent to court with the defendant. If the case is a criminal one under Turkish law, then the American is not to be summoned, but the authorities are to be referred to the legation and the Porte. We claim jurisdiction in such cases. If an American is summoned as a witness, he should be informed of the nature of the case in which he is asked to testify; but he should then respond to a summons, and the dragoman should accompany him to court. If the American is distant more than nine hours' travel from the consular residence, he may be asked, in actions not exceeding 1,000 piasters, for the offenses entailing a fine of 500 piasters at the maximum, to respond to the summons of the Turkish court through Turkish officials, but should, if possible, secure the friendly aid of some consular dragoman. In every case all proper efforts should be made to settle cases out of court. LEO BERGHOLZ. [Subinclosure 2.] Mr. Satow to Mr. Bergholz. VAN, May 30, 1902. SIR: In reply to your telegram of the 24th instant, I have the honor to inform you that the Vali has declared to me that he is unable to quash the charge against Dr. Ussher, as the proceedings were instituted by order of the ministry of justice, acting on the advice of the medical council. If he were to be asked from Constantinople for his opinion in this matter, he would immediately report that the.action was entirely groundless. Certified copies of the summons to the Istintak court and of the reply received in answer to my request for details of the charge are inclosed, together with copy of a letter received from the Vali on this subject, which may be of interest. I have, etc., [Subinclosure 3.] Translation of summons. H. E. SATOW. VAN, April 23, 1902. To the honorable the ENGLISH VICE-CONSUL: Dr. Ussher, who has been in Bitlis, but has now returned to Van, we request to attend the examining department to give evidence in his case. necessary by the assistant procurator. This is judged to be (Seal of the governor-general.) [Subinclosure 4.] Translation of complaint. VAN, April 27, 1902. To the honorable the ENGLISH VICE-CONSUL: In reply to your dispatch dated April 4, 1902, concerning the charge brought against Dr. Ussher for the death of one Tahir, son of Aziz, corporal of Hamidieh, of the district of Nordouse, who, it is claimed, died from an operation performed on him by the said Dr. Ussher, we would say that the degree of the charge will be decided after the examination into the case is made by the assistant procurator of the appellate court. (Seal of the governor-general.) [Subinclosure 5.] The governor-general to Mr. Satow, British vice-consul. VAN, May 15, 1902. in reply to your Gispatch of May 14, 1902, we can testify that Dr. Ussher is a good doctor and is permitted to carry on his profession in our land. His ability we recognized during my son's sickness, when I called him and saw the good results of his treatment. I would not hesitate to testify to his ability, and, furthermore, his excellency the military commander testifies that he had been suffering for many years with a bad cough and other ailments, of which he had been unable to rid himself. One day, taking his wife's doctor, he called upon Dr. Ussher at his dispensary and received relief by the treatment and medicines Dr. Ussher had given him. These are facts that none can deny, but the province can not say anything in regard to the report handed in by the municipality doctor and his associates. (Seal of the governor-general.) PROTECTION OF AMERICAN INTERESTS AT HABANA BY BRITISH CONSUL-GENERAL. No. 956.] Mr. Hay to Mr. Choate. DEPARTMENT OF STATE, SIR: The minister of the United States at Habana, in his No. 45, of the 28th ultimo, writes that Mr. Lionel Carden, His British Majesty's minister resident at that city, and formerly consul-general there, acted for this Government at the request of the War Department during the period of intervention by the United States and also since the establishment of the Cuban Republic. You are instructed to express to His Majesty's Government this Government's appreciation of and thanks for Mr. Carden's kindness and courtesy in the matter. I am, etc., JOHN HAY. INTERVIEW IN LONDON OF UNITED STATES SPECIAL AMBASSADOR REID WITH PRINCE CHEN, CHINESE SPECIAL ENVOY. Mr. Reid to Mr. Hay. No. 2.] AMERICAN SPECIAL EMBASSY, Brook House, London, July 14, 1902. SIR: Our official calls on the other special embassies were interrupted when nearly concluded by the news of the operation on the King and the indefinite postponement of the coronation. The call on the Chinese special ambassador had not yet been made. On Wednesday afternoon, however, His Imperial Highness Prince Chen called in person at Brook House, accompanied by a secretary and interpreter and other members of his suite. After the preliminary greetings Prince Chen explained through the interpreter that it had been his special desire to make this call, notwithstanding the interruption caused by the postponement of the coronation. He added very cordial expressions of the particular friendliness felt by the Emperor and his country toward the United States on account of our action in the late disturbances. The next day, having ascertained at what hour the Prince would find it convenient to receive a return call, I presented myself at the Hotel Cecil, accompanied by Rear Admiral Watson, General Wilson, Commander Cowles, Mr. Morgan, Mr. Baylies, and other members of the suite. We were shown immediately into the Prince's apartments and received by him with dignity and cordiality. We found that he was at that moment receiving the Japanese special ambassador, Prince Komatsu, accompanied by his suite, and that it was at the request of both the princes that we had been shown in before the Japanese call was finished. General conversation followed, and the Japanese soon took their leave. The Prince then made inquiries as to the health of both the Emperor and the Empress Dowager. Some brief reference of mine to the services of General Wilson and Admiral Watson led to the Prince's expressing his warm gratification and that of his Government with the conduct of the United States forces in China in upholding order and repressing outrages; and he dwelt particularly on their great usefulness in preserving the palace. He remembered also with gratitude the conduct of our Navy when the forts were bombarded. He said the Emperor had learned to look upon the United States as the true friend of himself and his countrymen. The Prince explained that, while he could not enter upon questions of domestic politics, he desired at any rate to say that undoubtedly his sovereign had not always been able to carry out his own policy or enforce his personal wishes. The Emperor had earnestly forbidden many of the regrettable acts that had occurred and had once gone so far as to declare that if the armed forces continued to disobey him and fire on the legations he would ask them rather to turn their fire upon himself. In reply I ventured to express the opinion that the Government of the United States certainly desired the prosperity and territorial integrity of China; that it believed the interests of both countries would be equally served by peace and good order, and that it asked only the open door." conversation covered considerable ground, the Prince being apparently desirous of impressing us with the special good will of China. He spoke fluently in Chinese, asking and replying rapidly to questions with keen intelligence. A member of his suite, who spoke excellent English, acted as interpreter, and it is possible that he and his chief expressed themselves with more freedom because it had happened that I met him in the diplomatic service years before. The interview lasted for over half an hour and was followed by friendly and cordial farewells between the members of the two suites, the Prince and the interpreter in the end accompanying us to the staircase. These two calls and the substance of the conversation seemed out of the usual course of interviews on this purely ceremonious occasion, and in such contrast with the attitude understood to have been usually held heretofore by members of the Chinese imperial family toward foreigners, that I have thought it perhaps my duty to present this brief report of the facts. I have, etc., WHITELAW REID. RELEASE OF BRITISH SUBJECT FROM INVOLUNTARY MILITARY SERVICE IN VENEZUELA SECURED BY UNITED STATES NAVAL OFFICIALS. Mr. Adee to Mr. Raikes. DEPARTMENT OF STATE, Washington, August 22, 1902. MY DEAR MR. CHARGE: The Navy Department informed me on the 20th instant that the commanding officer of the U. S. S. Cincinnati at La Guaira had, on the day before, sent a telegram from which it gives me pleasure to quote as follows: At Barcelona I obtained release of British subject from involuntary service in revolutionary force. I am, etc., Mr. Adee to Mr. Raikes. ALVEY A. ADEE. Personal.] DEPARTMENT OF STATE, Washington, September 6, 1902. MY DEAR MR. CHARGE: Confirming my note to you of the 22d ultimo, I now take pleasure in quoting what follows from a report made by the commanding officer of the U. S. S. Cincinnati at La Guaira and forwarded by the Secretary of the Navy on the 2d instant: Having learned that a British subject was being held in involuntary service in the revolutionary army, I requested the general, Pablo Guzman, to release him, which was done. I am, etc., ALVEY A. ADEE. Mr. Raikes to Mr. Adee. WASHINGTON, October 1, 1902. DEAR MR. ADEE: I did not fail to bring to Lord Lansdowne's notice, in an official dispatch, the contents of your personal note of August 22 last, in which you were good enough to quote from a telegram received by the Navy Department from the commanding officer of the U. S. S. Cincinnati at La Guaira, stating that he had obtained the release of a British subject who was serving against his will in the revolutionary forces at Barcelona, Venezuela. I have now received a dispatch from Lord Lansdowne instructing me to request you to convey to the commander of the Cincinnati the thanks of His Majesty's Government for his friendly action, and I accordingly venture to request you to be good enough to take the necessary action in the matter." ARTHUR S. RAIKES, I am, etc., FR 1902, PT 1- -35 |