362.1121 Simpson, Lawrence/269: Telegram

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

Referring to my telegram of September 24, 6 [5] p.m., especially paragraph 2.

1.
I called again on President of second section of People’s Court and invited his attention to article 23 of the treaty. The President [Page 300] said that it would be the duty of the court to consider this provision if it became necessary to exclude the public at any time from the trial. He intimated that in his personal opinion the provision in the treaty could hardly be interpreted as applying to cases involving the safety of the state. However, he explained again that he hoped it would not be found necessary to exclude the public at any time from Simpson trial although he could not be sure of this in advance. The Embassy has been informed of this conversation and I understand will bring the article in the treaty to the attention of the Foreign Office.
[2.]
Simpson’s counsel states that provision has been made to present all testimony in defendant’s behalf including one witness requested by Simpson. Lawyer also states that Simpson has now changed his mind and wishes to employ assistant counsel of his own choice. Department may want to bring this to the attention of Simpson’s friends although it now seems too late to do anything in the matter because necessary fees will have to be provided in advance and any lawyer selected would wish to have time to examine case. Moreover, court’s permission must also be obtained.
3.
In view of the importance Simpson case has evidently assumed, I have decided to attend at least part of the trial along with Geist.
Jenkins