811.91262/248: Telegram
The Chargé in Germany ( Morris ) to the Secretary of State
[Received 4:20 p.m.]
1690. Department’s 1202, April 26, 6 p.m., 1182, April 25, 7 p.m., 1197, April 26, 3 p.m. and 1198, April 26, 4 p.m.13 On April 17 last the Embassy addressed a note to the Foreign Office on the Hottelet case calling attention to the following points:
- 1.
- The arrest of Hottelet on March 15 last.
- 2.
- The visit of an officer of the Embassy with Hottelet on March 20 for which the Foreign Office made the arrangements.
- 3.
- The attempt on March 31st of an officer to pay another call on Hottelet which was unsuccessful, the prison authorities stating that another visit could only be arranged with higher authorities through the Foreign Office.
- 4.
- The statements of the competent Foreign Office official on April 4 that for the present permission for a consular officer to visit Hottelet would not be granted and,
- 5.
- The statements on April 4 by the competent Foreign Office official that he was unable to give any information as to when or whether Hottelet would be brought to trial or even as to when the investigation might be completed.
The Embassy’s communication concluded with the statement that in view of the period of Hottelet’s detention this Mission felt compelled to renew its requests: (a) That measures be taken to cause the case to be expedited with a view to having the prisoner either brought to trial or released at an early date and; (b) that permission be granted for a consular officer of this Government to visit Hottelet at regular and frequent intervals pending the conclusion of the proceedings against him. An early reply was requested but only a routine acknowledgment has been received.
[Page 610]The Berlin office of the United Press has engaged local counsel for Hottelet but the attorney in question has not been permitted to visit his client.
In the Nelson and Jacobsen cases the Embassy on March 14th last addressed a note to the Foreign Office informing the latter that this Mission had been informed that the Oslo authorities had completed their investigation and had forwarded the results to the Berlin office of the State Secret Police early in February and that it was further understood that the competent Reich authorities in Oslo had requested the Berlin officials to expedite their decision in the matter so that Jacobsen and Nelson could either be prosecuted before the military tribunal in Oslo or released. The Embassy then requested the Foreign Office, in view of long period of detention of the persons involved, to take the necessary steps to have the decision of the Berlin police authorities expedited. The verbal refusal of the Foreign Office to interfere was obtained by telephone on April 10, and reported to the Department in my 1452 of April 16th last.14
With respect to the detention of Jay Allen, Embassy was informed by the competent Foreign Office official on March 21st last that the Foreign Office did not regard the case as one for intervention. The substance of the Department’s 1182, April 25, 7 p.m., will be communicated to the Foreign Office when these cases are taken up.
From the foregoing it may he observed that the action suggested by the Department has already been largely covered by the Embassy’s previous representations with the exception of the Allen case. In order to avoid giving the impression that the new notes in the Hottelet and Nelson cases are partly repetitions of those that have gone before I propose to tie them up closely with the latter in wording. But I wonder whether the Department in order to make it entirely clear to the German authorities that these new notes constitute a direct advance in our position relative to the treatment of these Americans would not consider authorizing me to state in each note that unless the respective requests should be clearly acceded to within a reasonable time we would, be forced to assume that there was no intention on the German side to accede to them and to consider the cases on that basis. The presentation of the notes would be accompanied by the oral statements indicated in the Department’s 1202.
In this latter regard I feel that the effectiveness of my oral observations might be increased if I had more detailed information concerning the number and treatment accorded German seamen and other citizens under Federal arrest or enjoying bail.