362.1121 Simpson, Lawrence/104

The Consul General at Hamburg ( Erhardt ) to the Secretary of State

[Extracts]
No. 521

Sir: I have the honor to refer to the Department’s telegram of August 17, 1935, and my cabled reply of August 19, 1935, 6 p.m.,9 relating to the arrest in Hamburg of Lawrence Simpson. I have, also, to call attention to my despatch number 511 of August 17 [19]8 reporting Consul Yates’ interview with Simpson on the previous day. Since then I have had personal discussions in this matter with Mr. Wilhelm Boltz, Chief of the Hamburg police, Inspector Peter Kraus of Inspection VI of the Hamburg State Police, Commodore Albert B. Randall, Master of the S/S Manhattan, Harry Manning, Chief Officer of the S/S Manhattan and the Consuls General of Great Britain, Sweden and Finland in Hamburg.

In tracing facts I have discovered, and enclose sworn statements indicating that Lawrence Simpson was in possession of anti-fascist and communistic propaganda material, largely in the form of stickers and pasters, as well as German correspondence (contents unknown) which, according to his admission to Consul Yates, was to be delivered on board the S/S Manhattan at its pier in Hamburg to a German accomplice for smuggling into Germany.

. . . . . . . . . . . . . .

It appears, therefore, that, on the statement of Simpson and the testimony of other persons, there are grounds for suspecting that [Page 294] Simpson had committed a crime under existing German law and that the authorities were warranted in proceeding with the arrest and trial of the accused. I have expressed to the appropriate German authorities the hope that Simpson may be given an early trial. I was assured by the local officials that Simpson’s trial would take place as soon as they have finished their investigation of his accomplices. In my despatch of August 17 [19] I mentioned that seventy suspects were under investigation. Since then, according to Inspector Kraus, thirty additional persons have been found that may be connected with the group. Similar investigations were conducted, according to the Swedish Consul General, in the cases of Myllymaki and Mineur. Several months were required to complete the police’s endeavors in that case. I shall not fail to protest to the officials should Simpson’s trial be delayed longed than the time required in the case of Myllymaki and Mineur.

Regarding the measures taken to assure Simpson of adequate legal representation, as related in my despatch number 511 of August 17 [19], Simpson has expressed a desire to be represented by an attorney of the “Rote Hilfe”, presumably the Communist Defense League. He was informed by Consul Yates that the “Rote Hilfe” no longer existed in Germany and since he expressed a desire not to have a German lawyer he was requested to communicate in writing with this office his further wishes. To date he has not indicated his preferences. Simpson may be relying on the Anti-Nazi Commission, 168 West 23rd Street, New York City, or another organization, unknown to this office, to safeguard his interests in supplying proper German counsel. However, I expect to visit Simpson shortly and shall then endeavor to have him make a decision in this connection. Should his friends in the United States be unable to provide him with counsel or to defray the expenses of German lawyers he will, of course, be represented by an attorney appointed by the court. A retaining fee of perhaps Reichsmarks 1,000 (at to-day’s rate of exchange $400.00) was the average fee paid in the cases cited.

Respectfully yours,

John G. Erhardt
  1. Latter not printed.
  2. Not printed.