Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 2, 1902
Mr. Hay to Mr. Choate.
Washington, July 11, 1902.
Sir: I inclose copies of two dispatches from the consul of the United States at Erzerum, setting forth that Mr. H. E. Satow, His Majesty’s acting vice-consul at Van, kindly undertook to look after the interests of Dr. C. D. Ussher, an American citizen at Van, who, after treating a corporal of the Hamidieh Cavalry, was charged with hastening the corporal’s death, the latter having died on account of no fault of the doctor.
You will bring this to the attention of His Majesty’s Government and express this Government’s appreciation of Mr. Satow’s kindness and efficient aid.
I am, etc.,
Mr. Bergholz to the Department of State.
Erzerum, Turkey, May 24, 1902.
Sir: I have the honor to forward, for your information, a copy of a communication received last evening from Mr. H. E. Satow, the British acting vice-consul at Van, stating that Dr. C. D. Ussher, of the American mission at Van, had been summoned before the examining court on the criminal charge of having hastened the death of a corporal of Hamidieh Cavalry. The man was brought to Dr. Ussher 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 the man 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, being entirely without foundation, as Mr. Satow writes, I thought that the governor-general might, upon receiving a full explanation of the case, order the action quashed, as he can legally do, and I therefore telegraphed Mr. Satow 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.”
From Dr. Ussher I have heard nothing.
A copy of Mr. Satow’s dispatch I have forwarded to the consulate-general for transmission to the legation.
I am, etc.,
Mr. Satow to Mr. Bergholz.
Sir: I have the honor to inform you that an American citizen, Dr. C. D. Ussher, of the American mission, has been summoned to appear before the Istintak court of this town on a criminal charge.
The facts of the case are as follows: Last summer a corporal of Hamidieh Cavalry, by name Tahir, son of Aziz, resident in the village of Rikava, in the Norduz Nahieh [Page 541] of the Shattak Kaza of this vilayet, was brought to Dr. Ussher for treatment. He 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.
I have, etc.,
His Britannic Majesty’s Acting Vice-Consul.
Mr. Bergholz to the Department of State.
Erzerum, Turkey, June 10, 1902.
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.,
Mr. Bergholz to Mr. Satow.
Erzerum, May 29, 1902.
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, [Page 542] 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.
I have, etc.,
Mr. Satow to Mr. Bergholz.
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.,
Translation of summons.
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. This is judged to be necessary by the assistant procurator.
(Seal of the governor-general.)
Translation of complaint.
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.)
The governor-general to Mr. Satow, British vice-consul.
In reply to your dispatch 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.)