362.1121 Simpson, Lawrence/232
Memorandum by the Secretary of State
The German Ambassador called in connection with the Simpson case, wherein Simpson, an American citizen, has been confined in German jails for twelve months and relative to which I made earnest representations to the German Ambassador several weeks ago.
[Page 297]The Ambassador merely reported that, according to some press service, he had just noticed that the trial has been set for September 28th or 29th. I had spoken about the charge being entirely out of proportion to the alleged offense and about the prisoner having been confined some ten months without the right of bail or an opportunity for trial and that I did not recall just how much of this period he was kept in jail incommunicado. The Ambassador eased away from each point except the one relating to the fixing of a date for the trial and gave me that information. I thanked him and again referred with emphasis to the disproportionate nature of the charge in contrast with the facts and also the long period of confinement. The Ambassador could only refer to efforts of Simpson to take from the United States to Germany 2000 pamphlets of communistic literature and other tracts or publications and, in certain other respects violative of German law, attempt to propagate Communism in Germany.
I replied that none of these things borders on capital offense from any possible standpoint, and that the defendant ought not in justice or fairness to be thus prosecuted; that, of course, I have as little use for Communism as any person could possibly have but that that was beside the point I was discussing. I still received very little comment from the Ambassador except as to the day set for the trial and the promiscuous efforts of the defendant to propagate Communism.