I transmit herewith a report from the Acting Secretary of State in
relation to four claims presented by the Government of China against the
Government of the United States arising out of the negligent or unlawful
acts in China of persons connected with the military and naval service
of the United States, and I recommend that as an act of grace and
without reference to the question of the legal liability of the United
States, an appropriation in the amount of $5,913.79 be made to effect
settlement of these claims in accordance with the recommendation of the
Acting Secretary of State.99
[Enclosure]
The Acting Secretary of
State to President Harding
The President: I have the honor to submit
with a view to its transmission to the Congress the following report
and recommendation relative to four claims presented by the
Government of China against the Government of the United States
arising out of the negligent and unlawful acts of persons connected
with the military and naval service of the United States:—
(1) Hilton A. Williams (alias Carter) and John Rohrer (alias Cook),
both deserters from the American military forces stationed at
Tientsin, China, in 1915, committed a robbery near Jehol, China, and
Rohrer shot and killed a Chinese policeman who in the course of his
duty had attempted to arrest them. When taken into custody, both men
claimed to be British subjects and were, therefore, turned over by
the Chinese authorities to the British Consul General at Mukden for
trial by the British authorities. From Mukden they were transferred
to Shanghai, where it was discovered that they were American
citizens. Upon being arraigned before the United States Court for
China, both men pleaded guilty; Williams to the crime of robbery,
and Rohrer to that of murder.
In connection with the trial of these men, certain Chinese witnesses
(the number is not indicated) were sent from Jehol to Mukden and
from Mukden to Shanghai at the request of the British authorities.
They were required to wait several months before the trial took
place, and as a consequence incurred considerable expense for
travel, lodging, et cetera. The Chinese Government has presented a
claim for Mexican $6,195, covering these expenses. The matter of
expense of the witnesses was brought to the attention of the Judge
of the United States Court for China, with the hope that some
allowance for witness fees might be made by the court but it appears
that the Judge has taken the position that inasmuch as the witnesses
failed to make application for the payment of fees within the time
prescribed by law, there is no legal method by which such fees may
now be paid.
The Chinese Government in a communication dated April 14, 1919,1 and in a number of
communications since that date, the last one bearing date of
December 31, 1921,1
has requested that this Government reimburse the witnesses for the
expenses incurred by them in attending the trials and that a
compassionate allowance be given to the family (five dependents) of
the Chinese policeman whom Rohrer killed. The American Minister at
Peking has expressed the opinion that the claim for expense is
exorbitant and
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that $1,000
would cover the amount. He has recommended an allowance of $1,000
for the expense incurred and $500 as a solatium for the family of
the Chinese policeman who was killed.
(2) The U.S.S. Palos, in October, 1917, while
convoying the Steamer Meitan up the Yangtze
River, caused the sinking of a Chinese junk, with its cargo, and the
drowning of two Chinese citizens. The accident is said to have been
due to the failure of the American vessel to sound its whistle or
otherwise give warning of its approach.
In a communication of December 14, 1917,2 and in a number of subsequent
communications,2
the Chinese Government has requested that this Government reimburse
the owners of the junk and cargo for the losses sustained by them,
and pay a solatium to the families of the two Chinese who were
drowned, who are said to be in extremely destitute circumstances.
The Navy Department apparently admits liability for the sinking of
the junk, and has recommended an appropriation for the payment of
damages. Upon the recommendation of that Department, a bill was
introduced in the House of Representatives on August 1, 1921,
providing for the payment of the sum of $2,413.79 to the Chinese
Government. This bill passed the House of Representatives on
November 5, 1921, and it is understood that it is at present before
the Senate Committee on Claims.
(3) Homer Merritt Darke, a Ship’s Cook of the Third Class, United
States Navy, who was serving on the United States Steamship Elcano, while that vessel was anchored in the
Yangtze River on September 4, 1920, seized a Chinese cobbler who had
peaceably boarded the vessel apparently for the purpose of
collecting a debt and without justifiable cause threw him overboard
into the river. The man whose body was not recovered is said to have
left a widow and four minor children. Darke was tried for the
offense in the United States Court for China and was sentenced to a
term of imprisonment for two years and to pay a fine of $500 and
costs.
The Chinese Government in a communication of September 20 [13?], 1920,2 and subsequent communications,2 has requested that a
monthly allowance for the maintenance of the widow be paid by this
Government until a son, who at that time was stated to be ten years
of age, reaches his majority. It is understood that the Navy
Department has recommended that the sum of $1,000 be appropriated as
an indemnity for the widow, but that the recommendation has not as
yet been acted upon by Congress.
(4) The fourth case is that of Private Petticrew, of the
Quartermaster Corps, assigned to the United States Army Transport
Merritt, who, in September, 1920, while
ashore on leave at Chinwangtao,
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China, entered a Chinese wine shop and,
without provocation, shot and killed Li Shih Chi, a native employee
therein. It is stated that the soldier, who was under the influence
of intoxicants, upon entering the shop fired an automatic pistol at
Li Shih Chi and killed him while he was in the act of escaping from
the place; that he then turned and fired upon the proprietor but the
shot did not take effect. Petticrew was tried for the offense by
general court martial at Tientsin, China, and was sentenced to be
dishonorably discharged from the service, to forfeit all pay and
allowances, and to be confined at hard labor for the period of his
natural life.
The Chinese Government has several times requested that some
allowance be made for the benefit of the family (a wife and four
children) of the Chinese citizen whom Private Petticrew killed.
The foregoing claims, with the possible exception of the first one
which relates to the payment of witness fees, arise out of the
negligent and unlawful acts committed in China by persons connected
with the military and naval service of the United States. While
under the generally accepted principles of international law there
would appear to be no legal liability upon the part of this
Government to settle these claims, the fact that the atrocities were
committed on Chinese soil by members of our armed forces places upon
this Government a degree of responsibility. Moreover, this
Government has pressed to a satisfactory settlement with the Chinese
Government claims of American citizens arising out of circumstances
somewhat analogous to those here presented and the Department feels
that it would be well for this Government to show its willingness to
reciprocate when the situation is reversed.
One of the American claims which the Department has in mind arose on
January 17, 1918, when the United States Steamship Monocacy, while proceeding up the Yangtze River, was fired
upon, from the shore, by Chinese rebels. Chief Yeoman Howard Leroy
O’Brien was killed and Seamen Donnolly and Ferguson sustained
injuries as a consequence of the attack. As a result of
representations which the Department made to the Chinese Government,
that Government paid this Government as indemnity $25,000 (and
interest) for Mrs. O’Brien and her children, and $500 (and interest)
for each of the two seamen who had been injured. These payments were
recently made through the Department of State.
I have the honor to suggest that you recommend to the Congress that
as an act of grace and without reference to the question of the
legal liability of the United States, an appropriation in the sum of
$5,913.79 be made to effect settlement of these claims, distribution
thereof to be made as follows:
For the reimbursement of witnesses for the expenses incurred by them
while in attendance at the trial of Williams and Rohrer and
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indemnity for the
relatives of the deceased Chinese policeman killed by Rohrer,
$1,500.
For the reimbursement of the owners of the junk and cargo sunk by the
United States Steamship Palos on the Yangtze
River, including indemnity for the relatives of the two Chinese
citizens who were drowned, $2,413.79.
As an indemnity for relatives of the Chinese cobbler who was thrown
into the Yangtze River by Cook Darke, and of the Chinese shop
assistant killed by Private Petticrew, $1,000 each,—$2,000.
Respectfully submitted,
Henry P. Fletcher
Washington, March 7,
1922.
