Mr. Phelps to Mr. Foster.

No. 510.]

Sir: Referring to the case of John Haberacker, I have the honor to acknowledge the receipt of the Department’s instruction No. 381, of March 19 last, the contents of which were embodied by me in a note (F. O. No. 321) to the foreign office on April 12.

I am to-day informed by the foreign office, in a note dated November 28, 1892, a copy and translation of which are herewith inclosed, that, as this case has practically been settled by the desertion of the said Haberacker from the Bavarian army, the Imperial Government prefers not to continue the discussion of the question which it involves.

I have, etc.,

Wm. Walter Phelps.
[Inclosure in No. 510.—Translation.]

Referring to the note of April 12, last (F. O., No. 321) the undersigned has the honor to inform the envoy extraordinary and minister plenipotentiary of the United States of America, Mr. William Walter Phelps, that, according to information received from the Royal Bavarian Government, John Haberacker deserted on March 31, 1891, and has not as yet been captured.

As the affair has actually been settled hereby, the undersigned assumes that he may refrain from a further discussion of the questions which have arisen, but begs to remark that the Royal Bavarian Government, after renewed investigation, still maintains, as heretofore, the entire correctness of the views which have been set forth in the undersigned’s note of December 1 last.

The undersigned avails, etc.,