362.1121 Simpson, Lawrence/267: Telegram

The Consul General at Berlin (Jenkins) to the Secretary of State

Referring to Department’s September 23, 6 p.m., I called this morning on the President of the Third Senate of People’s Court and told him that the Consulate General would like to have Mr. Geist15 present at trial of Simpson on Monday. The judge replied that he would be glad to have Geist attend the trial except possibly when evidence was being given in regard to espionage. He explained that under present German law, hearings on this charge were supposed to be secret and the court might insist on secret hearing at this point when he hoped Geist would leave the room for the time being. However, the judge intimated that the court might make an exception in Geist’s favor in which event he would be permitted to remain.

2.
In view of judge’s attitude which seemed to indicate that the consular representative will be permitted to be present at most of if not the entire trial, I did not deem it advisable to invoke article 23 of the treaty immediately but will consult Embassy this afternoon respecting this point with a view to determining just how we should proceed.
3.
Will report tomorrow in regard to above case and outcome of conference this afternoon with Simpson’s counsel respecting introduction of testimony in latter’s behalf at trial.
4.
May I express hearty appreciation of this Consulate General of the attitude taken by the Secretary in recent conference with representatives of so-called committee for defence of political prisoners.
Jenkins
  1. Raymond H. Geist, Consul at Berlin.