393.1121 Smit, Albert H./2: Telegram

The Minister in China (Johnson) to the Secretary of State

108. My 106, February 5, 1 p.m. Following from American Consul General at Shanghai:

“February 6, 10 a.m. The Legation’s February 5, noon, concerning Smit. The Minister approved the suggestion of the Nanking Consulate and directed that the matter be referred to the District Attorney, who, after interrogating two American eyewitnesses from Tungchow, does not consider that the facts warrant his arrest or prosecution on a charge of manslaughter. He has, however, telegraphed Smit, through one of the witnesses referred to, to come to Shanghai for an interview.

Today is the date set for an investigation by the Chinese authorities at Tungchow which Smit must attend in accordance with the provisions of the bond given at time of his release. It is the opinion of this [Page 509] office and of the District Attorney that he might attend as a witness but in no other capacity. Repeated to Nanking.”

For the Minister: