362.1121 Simpson, Lawrence/271: Telegram

The Ambassador in Germany (Dodd) to the Secretary of State

290. Referring to the first paragraph of the Department’s telegram September 23, 6 p.m. to the Consul General. While the Consul General is definitely assured that he will be permitted to attend Simpson’s trial, or at least all except such portions as may involve evidence of a secret character, the Embassy took the matter up again with the Foreign Office yesterday and brought article 23 of the treaty to its attention. The immediate reaction was similar to that of the President of the Second Senate of the People’s Court in his conversation with the Consul General (see Consulate’s telegram of September 25, 1 p.m.).

The last conversation was followed this morning by a note verbale to the effect that the Embassy would consider a refusal to permit a consular representative to attend the trial at any or all time as contrary to the paragraph under reference and it was added “that also it seriously apprehends that in view of the widespread public interest in the case in the United States the effect of such a possible refusal would be detrimental to the relations between the two countries”.

[Page 301]

Preliminary to the trial on Monday the Embassy contemplates no further step unless instructed by the Department.

Dodd