Mr. Squiers to Mr. Hay.

No. 149.]

Sir: Transmitting here with the correspondence between this legation, the judge of the court of first instance, and the foreign office, regarding a request to the first secretary, Mr. Sleeper, that he appear in said court to give his testimony in a certain case, I have the honor to say that I understand my action is in accordance with diplomatic usage in such cases and with the views of the State Department as set forth in Mr. Adee’s telegram to Mr. Iddings, August 1, 1901 (p. 302, Foreign Relations, 1901), and to be, etc.,

H. G. Squiers.
[Inclosure 1.—Translation.]

Judge of first instance to secretary of United States legation.

In the case instituted in this court on account of theft of a clock, I have ordered that you be addressed, which I have the honor now to do, requesting that you have the kindness to appear in this court between 1 and 3 p.m. to testify.

Very respectfully,

Criminal Judge of the Eastern District.
[Inclosure 2.]

Mr. Squiers to Mr. Montes, acting secretary of state and justice.

Your Excellency: The first secretary of this legation is in receipt of a communication from the judge of the first instance, requesting him to appear at court to give testimony in a case of robbery which recently occurred at the legation.

While I have no objection to having the first secretary give testimony on terms consistent with representative dignity, I must nevertheless inform your excellency that unless interrogatory in open court is absolutely indispensable, I much prefer personal deposition at the legation.

Trusting that this course may meet with the approval of the Government of your excellency, I improve the occasion, etc.,

H. G. Squiers.
[Inclosure 3.—Translation.]

Mr. Monies to Mr. Squiers.

Excellency: In reply to your polite note of the 12th of the month, I take pleasure in informing you that there is no objection to having the first secretary give his testimony in the legation, to which end the necessary orders will be given to the judge of the first instance to name a day and hour on which to visit the legation and take the aforesaid testimony, previous notice having been given through this department to the first secretary.

I improve, etc.,

Jose M. Garcia Montes.