493.11 Ekvall, Henry/68: Telegram
The Minister in China (Johnson) to the Secretary of State
[Received December 2—1:33 a.m.]
1285. Legation’s 1280, November 29, 5 p.m.
[1.] Following from Stanton and Soule.
“November 30, 7 p.m.
- (1)
- All records of further court proceedings including judgment, and also Provincial Government’s formal reply to demands of the American Government being mailed. Liu was sentenced to death and shot this morning.
- (2)
- On behalf of Yang and Provincial Government Chief Secretary Keng called on us this afternoon and in addition to presenting formal reply expressed profound regret of chairman and Government and made a formal apology. Reply, one, cites apprehension, trial and execution of Liu and steps taken to apprehend other criminals (paragraph 2, our November 29, 9 a.m.); two, states payment in full has been made for property losses (claim of China Inland Motors); three, that demand for exemplary damages has been referred to Central Government; four, that disciplinary action in the form of dismissal, fines and record of dereliction of duty has been taken against [Page 553] officers who have obstructed justice; five, gives assurances of future protection and cites steps taken during the present situation to bring foreigners to Sian and otherwise protect them.”
Adams confirms statement that claim of China Motors has been paid in full.
2. Legation feels that formal apology in answer to American Government’s demands should be made in writing by highest Provincial authority and not orally by subordinate as has been done. Legation is further of the opinion that Shensi authorities should not as they suggest be permitted at this juncture to shift responsibility for apprehension of actual murderers, who in all likelihood are still in Shensi, to the shoulders of the Central Government, since the latter’s hands would be completely tied by inaction of authorities of Shensi. Legation suggests that Shensi authorities be informed that American Government has noted with gratification that the officer who allegedly gave the order for the murders has been punished but that punishment of this one member of a group cannot be accepted as satisfying the American Government’s demand for punishment of the guilty; that the American Government urgently renews its request that the Shensi Government forthwith take the most vigorous measures to apprehend Quartermaster Chen and soldiers who actually murdered Ekvall; as confessed by Liu, Ekvall’s motorcar was taken by Chen and if as alleged careful search was made by Shensi authorities of barracks, garages, et cetera, certain definite clues as to Chen’s movements following the crime were undoubtedly obtained by Shensi authorities; that if motorcar was taken out of the Province by rail, records should disclose names of shipper and consignee, deposits and other valuable clues; that if motorcar was not shipped by rail definite tracing of it in Shensi or Kansu should not prove impossible since these Provinces have relatively limited mileage of motor roads and presence of motorcar on other [roads?] would excite comment; that if clues furnished by car do not permit tracing of murderers, an offer of reward by Shensi authorities would furnish strongest possible incentive to those having knowledge to disclose whereabouts of Chen and other murderers.
3. Reference final sentence sent to you by Stanton’s telegram, repeated to Department in Legation’s 1280, November 29, 4 [5] p.m., Legation believes that unremitting pressure on Shensi authorities will have further good results. However, if we permit responsible Shensi authorities at this juncture to shift burden to Central Government the Legation agrees that little more will be done.
Repeated to Nanking and Hankow.