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country, but that, on the contrary, it will promptly disavow this act, punish those responsible, and pay to Mr. Fedoryszyn a suitable indemnity for the injuries inflicted upon him.

I am instructed to request that adequate compensation be paid to Mr. Fedoryszyn and that the persons responsible for the assault upon him be punished with the degree of severity that befits their offense. I avail myself [etc.] JOHN N. WILLYS

360c.1121 Fedoryszyn, Justyn/50

Memorandum by the Assistant Chief of the Division of Eastern European Affairs (Packer)

[WASHINGTON,] February 5, 1931. The Counselor of the Polish Embassy, Mr. Lepkowski, telephoned this afternoon to say that he had just received a telegram from the Foreign Office at Warsaw in which it was stated that the demands of the American Government in the Fedoryszyn case had been acceded to and that the lieutenant in question was being court-martialed. Mr. Lepkowski said that it was appreciated that no publicity had been given to this matter and hoped that no publicity would be given to it. I told him that I thought it unlikely that publicity would be given to the case, but that the matter was, of course, one in which the Secretary himself had taken a personal interest and was for his ultimate decision. Mr. Lepkowski expressed the hope that the Secretary might be informed of the Embassy's interest in this matter.

E. L. P[ACKER]

360c.1121 Fedoryszyn, Justyn/90: Telegram

The Ambassador in Poland (Willys) to the Secretary of State

WARSAW, May 11, 1931-4 p. m. [Received 6:12 p. m.]

52. My telegram No. 49, May 4, 1 p. m.22 I have just received a note of today's date from the Foreign Minister which reads in translation as follows:

"With reference to my note dated February 4 22 of this year, I have the honor to inform Your Excellency that the military tribunal of Lublin rendered on May 2 of this year a sentence executed the 5th of May of this year against the sub-lieutenant Zbigniew Halkilwicz, condemning him to 3 months and 2 weeks in a fortress for having been responsible for a bodily injury inflicted upon Mr. Justyn Fedoryszyn and for the illegal detention of the latter from October 9 to 10, 1930.

"Not printed.

In view of the above-mentioned verdict, of which I attach a copy, I am anxious express to Your Excellency the very keen regret of the Polish Government for an incident of which an American citizen has been the victim, and to beg you to please communicate this sentiment of the Polish Government to the Government of the United States.

I desire to add that the Polish Ambassador at Washington has already informed the Secretary of State Mr. Stimson of the tenor of the sentence and is in communication with him upon the subject of the indemnification of Mr. Fedoryszyn.

Please accept Mr. Ambassador the assurances of highest consideration. Signed Augusto Zaleski.”

The Foreign Office states that the official copy of the verdict sent with the note constitutes the full documentation of the trial furnished to it. This verdict recites the composition of the court, the offense and the sentence. Copy and translation will be forwarded in this week's pouch.28

WILLYS

360c.1121 Fedoryszyn, Justyn/97

The Secretary of State to the Polish Ambassador (Filipowicz)

WASHINGTON, June 18, 1931. EXCELLENCY: I have the honor to inform Your Excellency that, in a communication dated February 4, 1931, the Minister of Foreign Affairs of Poland informed the American Ambassador at Warsaw that the Government of Poland was prepared to pay to Mr. Justyn Fedoryszyn, an American citizen who was the victim of an assault committed by Polish soldiers on October 9, 1930, in the village of Sarniki, an indemnity in the sum of 10,000 zlotys as soon as sentence should have been passed on the person responsible for the assault.

By a note dated May 11, 1931,24 the Minister of Foreign Affairs informed the Ambassador of the sentence that was imposed on May 2, 1931, by the Military Tribunal of Lublin on the Polish officer who had been found guilty of responsibility for the bodily injuries that were inflicted upon Mr. Fedoryszyn, and for the illegal detention of this American citizen. In the same communication, the Minister of Foreign Affairs indicated that you had been authorized to communicate with the Department with regard to the indemnification of Mr. Fedoryszyn.

The Government of the United States has noted with gratification the keen regret that has been expressed by the Government of Poland for the assault that was made on Mr. Fedoryszyn, and the proceedings in Poland that resulted in the trial, conviction, and punishment of the officer who was responsible for the assault and for the illegal de

23 Not printed.

"See telegram No. 52, May 11, from the Ambassador in Poland, supra,

962

tention of Mr. Fedorys. It is not of the opinion, howeve
the sum of 10.000 zios constitutes an adequate indemnifestir
Mr. Fedoryszyn.

In Mr. Zaleski's note of February 4, 1931. to Mr. Wilis
of 10,000 zlotys was offered a Mr. Fedoryszy

indenfor the hardships incurred by him in connection with n der I desire to point out that, in a determination of the sum

Mr. Fedoryszyn, consideration should be given no one
ships that were suffered by him in connection with detem
also to the brutal nature of the assault upon him, the piyas
mental sufferings endured by him long after the detention cessed i
expenses incurred by him in connection with the treatment of us
injuries, and the time lost by him from his usual employmen
the attendant loss of earning power, as a result of the physics >
capacity arising from those injuries.

After having given most careful consideration to these stances, this Government has arrived at the conclusion that the son of four thousand dollars is the minimum amount that reasonably well be regarded as adequate compensation for Mr. Fedorystyn. I ther fore ask that you be good enough to inform your Govertimens tist the Government of the United States requests that this som be paid for the indemnification of Mr. Fedoryszyn.

Accept [etc.]

860e,1121 Fedoryszyn, Justyn/106

HENRY L STIMSS

Memorandum by the Secretary of State of a Conversation With the Polish Chargé (Sokolowski)

[WASHINGTON,] September 17, 1931. The Polish Chargé brought up the Fedoryszyn case. He told me he was glad to inform me that his government was ready to pay the indemnity in accordance with the proposal of the American State Department. He said though that they would probably want a release from any further claims by Fedoryszyn. I said I had been told of this request and I saw no objection to such a release.

H[ENRY] L. S[TIMSON]

360c.1121 Fedoryszyn, Justyn/111

The Polish Ambassador (Filipowicz) to the Secretary of State No. 327/T/31 WASHINGTON, December 11, 1931. SIR: In compliance with instructions received from my Government. I have the honor to enclose herewith a check for $4000 (Four thousand

Dollars), this sum constituting the indemnity with respect to the claim of Mr. Justyn Fedoryszyn, paid on his behalf to the United States Government in full settlement of this case.

Accept [etc.]

T. FILIPOWICZ

360c.1121 Fedoryszyn, Justyn/112

The Secretary of State to the Polish Ambassador (Filipowicz) WASHINGTON, December 15, 1931. ·EXCELLENCY: I have the honor to acknowledge the receipt of your note of December 11, 1931, with which was transmitted a check for $4000 in settlement of the claim of Mr. Justyn Fedoryszyn.

There is attached hereto a receipt in duplicate for this payment and an acknowledgment that it has been received by the Government of the United States in full settlement of the claim.

Accept [etc.]

HENRY L. STIMSON

PORTUGAL

DECISION OF THE AMERICAN GOVERNMENT NOT TO BE A PARTY TO MEDIATION BETWEEN THE PORTUGUESE GOVERNMENT AND INSURGENT FORCES IN MADEIRA

853.00 Revolution 1931/1: Telegram

The Minister in Portugal (South) to the Secretary of State

LISBON, April 6, 1931-4 p. m. [Received 5:15 p. m.]

4. I am reliably informed Funchal, Madeira, in the hands of rebels. Have not heard from Consul Huddleston. Two gunboats with troops leaving Lisbon today for Madeira.

SOUTH

853.00 Revolution 1931/5: Telegram

The Minister in Portugal (South) to the Secretary of State

LISBON, April 8, 1931-6 p. m. [Received 8: 18 p. m.]

7. Referring to my telegram No. 4, April 7 [6], 4 p. m., Consul at Funchal has telegraphed Legation that leaders revolutionary forces have agreed to meet representatives Central Government forces to discuss situation and Consul suggests American Consulate as meeting place, requesting Legation to endeavor to arrange as above through Foreign Office.

I have discussed informally matter with Foreign Minister as to Central Government's wishes and indicated to him that I would request Department to authorize Consul to lend his good offices to extent he requests.

Foreign Minister expressed great appreciation and said that he would inform me of his Government's wishes after a Cabinet meeting tonight and confidentially informed me British Ambassador had made same proposal for British Consul, Funchal, except the meeting place proposed is British cruiser due at Funchal tonight. Will appreciate Department's rushing instructions to the Legation.

SOUTH

853.00 Revolution 1931/5: Telegram

The Secretary of State to the Minister in Portugal (South)

WASHINGTON, April 9, 1931—11 a. m.

8. Your telegram No. 7, April 8, 6 p. m. While this Government is happy to note the efforts which are being made toward a peaceful

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