393.1121 Libby, Walter/5
The Minuter in China ( MacMurray ) to the Consul General at Hankow ( Lockhart )96
Sir: I beg leave to acknowledge the receipt of your despatch No. 852, of October 16, 1929,97 concerning the charges against Dr. W. E. Libby of the Nanchang General Hospital, in which you refer particularly to the action of Dr. Libby in allowing judges of the Chinese court to visit the hospital and question him concerning the case. You request the views of the Legation before commenting to Dr. Libby upon such action.
The Legation does not find itself in entire accord with the views set forth in the despatch under acknowledgment with regard to the conduct of Dr. Libby. There were apparently no charges made against Dr. Libby, the case being against Dr. Wu, the Chinese superintendent of the hospital, who is a citizen of China. In these circumstances, if the Chinese authorities had asked to have Dr. Libby summoned as a witness in the case, it would appear that the Consular Court could not well have declined to subpoena him to attend in that capacity. On the contrary, however, the court actually visited Dr. Libby at the hospital and informally obtained his evidence. In view of these facts, the Legation does not believe that the Chinese can rightfully claim that Dr. Libby submitted himself to the jurisdiction of the court. Therefore, it would hardly appear necessary for you to comment to Dr. Libby upon his action in the matter unless they are endeavoring falsely to make him out as a defendant in the case.
I am [etc.]