File No. 14963/39–47.
The Acting Secretary of State to Minister Morgan.
Washington, March 15, 1909.
Sir: I have to acknowledge the receipt of your No. 887, of the 4th instant, referring to the prosecution of Yarini for the assault made by him on Mr. G. Cornell Tarler, secretary of your legation.
You state that the case is now before the audiencia, but that it may be relegated to the correctional court, in which case “it would become a question whether or not Mr. Tarler should waive his diplomatic privilege and be personally represented by counsel.” You ask for instructions on this point.
In reply I beg to say that it scarcely seems correct to regard as a waiver of diplomatic immunity an authorization on the part of the department that Mr. Tarler should employ counsel to represent him.
The department is of the opinion that Mr. Tarler should employ counsel, and, if necessary, become the prosecuting witness in any criminal proceedings which may be necessary according to Cuban law in bringing his assailant to justice.
I am, etc.,