393.1121 Smit, Albert H./9: Telegram

The Consul at Nanking ( Adams ) to the Secretary of State

10. Referring to Department’s No. 69 [63], February 17, 5 p.m. to Legation.

1.
Smit is now in Shanghai and is being requested through American Consulate there not to pay fine and not to return to Tungchow Magistrate’s district pending settlement of his case.
2.
Meyer made no representations to local authorities at Tungchow since upon his arrival there the trial of Smit was concluded and since Smit was proceeding immediately to Shanghai without having paid fine and without having agreed to do so.
3.
Meyer ascertained that Smit had reached the full private settlement of the case with family of the deceased by the payment of Mexican $300 covered by receipt.
4.
If District Attorney is willing to initiate American court proceedings against Smit I propose to hold preliminary hearing, provided Smit returns to my jurisdiction. The question of Smit coming voluntarily to Nanking, by way of the District Attorney, has been taken up through Shanghai Consulate General.
5.
Report, accompanied by privately obtained copy of Tungchow Magistrate’s judgment, follows by mail.6
6.
Legation and Shanghai informed.
Adams
  1. Telegram in two sections.
  2. Not printed.