893.5045/239: Telegram
The Minister in China (MacMurray) to the Secretary of State
[Received October 9—9:15 a.m.]
431. My telegram number 411, September 23, 9 p.m. [a.m.]28
1. The commission of inquiry29 issued October 3rd, a notice inviting all persons to appear and give evidence regarding May 30th incident and announced first meeting for October 7th.
2. Justice Johnson now telegraphs confidentially October 7, 4 p.m.:
“Commission announced an adjournment at this morning’s sessions until October 12th to enable all parties to prepare their evidence. It appears to be settled that the Chinese witnesses will not appear before the commission. The inquiry therefore will probably be ex parte with very doubtful beneficial results. Shall the inquiry proceed?”
3. I have replied that the inquiry should proceed, adding that the refusal of the Chinese to cooperate was anticipated before the commission was constituted; and, while the failure to obtain Chinese witnesses may of course impair the abstract value of the findings, I believe that available testimony (including records of Chinese testimony taken by Mixed Court in proceeding had in connection with the incident) will suffice as a basis for just conclusions as to the actual facts of the incident and that conclusions likely to be arrived at will in fact carry the greater weight with Chinese public opinion by reason of their having been reached by a foreign judicial agency independently of Chinese cooperation and indeed against Chinese obstruction.
4. I am further confidentially advising him that British Chargé d’Affaires informs me that officials of the Foreign Office, while declaring themselves unable to cooperate openly with the commission, [Page 711] have nevertheless intimated that they have sent word privately to local authorities urging them to give such assistance as they may find possible.