Page
CHARGE AGAINST A GERMAN PROTEGE AT SHANGHAI, TREACHERY ALLEGED. BY THE DEFENCE.
THE HONGKONG DAILY PRESS, THURSDAY, JUNE 1ápa 1917.
Consul. At that time a young German entered the premises and accused aaked him to notify the Dutch authorities. The acoused said that he was registered at the Dutch Consulate, but produced no papers to prove the statement.
AMERICAN MAILS TO THE
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Mr. Williams told him that he knew Rothman's employment but could not understand what he was doing. Bothman had mentioned that he bad photographs EMPRESS" BOATS TO BE USED. and saked a lot of questions about Nielsen and said that he had found out that Dr. Fischer-Did he resist arrest Nielsen was going to leave on p false passton has withdrawn the order issued some The Post Office Department at Washing. made a lot of fuas, but it did not amount port. This was before war was declared months ago stopping the despatch of to much.
Dr. Fischer-Did you beat him? No, Williams said that it was not necessary in consequence of the censorship at Van between Amories and Germany, ao Mr mail at Shangliai by the Empress boats as Nielsen could go. If he went to Mexico Witness, further cross-examined, said it had nothing to do with the Consulate, over. Although nothing is said in the that he had known accused for four years Rothman expressly promised to give wit- may be assumed (says the NO. Daily telegram "shout China-bound mails, it Heat, & per police te his per- Mr. Petrocelli. He went to Mi Petrol News) that the new rule works both
Mr. Newman-All are his per- to Melroll ways. sotial enemies.
with the photograph and asked if the man The case was adjourned.
shown was going away. Witness sw When the case was resumed next day, Nielsen and told him that Bothman was Dr. Fisher said no evidence bad been call setting traps for them and told him what ed to show the guilt of accused. At that Mr. Williams had told witnem Nielsen time the opportunity was given for people then went into Chinese territory because to make allegations against innocent per it was safer. Witness could not go he sons who were their personal enemies, cause of his house, etc., and therefore re Thus, unfortunately, had been introduced meined. Rothman sent his boy for wit a systemu reminding them of the blackest ness the day before witness was arrested mdays of persection of the Middle Ages,Witness went there in a riesha,
and the blackest days of Russia persecu The Assessor--On May 20th?
The Witness-Yes."
The hearing of the charge against Abraham Ettinger, & Turkish protégé of the German Consalate in Shanghai, of committing a breach of China's neutre lity and attempting to forge a Spanish passport, was resumed at the Mixed Court, before Mr. P. Graal Jones and Magistrate Waung on June üoth.
Mr. K. E. Newman appeared for the prosecution and Dr. Fischer defended. ·
Dr. Fischer asked,
As the Court decided against him on the point of jurisdiction, that he might appeal to the next higher Chinese Court, and make the necessary application to the missioner of Foreign Affairs in ntion without defence. bai. The Assessor bad stated that Chiun Albert Ettinger, a Turkish subject. never expressly confirmed the conference born at Constantinople, said he met Rothman on December 25th, 1916, in front. of extraterritorial rights on Turkish sub of the British Consulate, Rothman, who jects, and the Court consequently held was in a rieska, stopped him and asked that it bud full jurisdiction over per-witness to go to his (Rothman's) house, zons who had no judicial rights in Chine. had something very important to tell him, asking him to go to the back door, as he The Mixed Court being a Chinese Court Witness did so and Rothman explained and, as such, subject to the Chines law where he was working; and that he was andi jurisdiction, a person was entitled an old man who had travelled much; washim. to appeal against a decision in that a Mason, and could not stand what people Court to the next higher Chinese Court, were doing in Shanghai. He said that he There was no judicial system in any was working in an office under the British civilized country in the world in which an Intelligence Department, and had been accused person was not entitled to appeal getting The 350 a month. He told witness against a decision of a court of first the names of the people in the office and instance. The right to appeal was a the names of his under-agenta and what fundamental human right. Dr. Fischer they were doing. In order to prove his added that it was a rule not to bring bona fides Rothman showed him pictures, accused personis to the Court if a Consul lists, etc. claired jurisdiction. He asked the Court to allow hún to appeal to the
jurisdiction being taken by the British Assessor.
Commissioner of Foreign Affairs against
After a brief consultation between the Magistrate and the Assessor the applica
tion was rejected.
sir, Newman mid the Presidential Mandate of August 6th, 1914, in which the neutrality of Chiha was proclaimed, torbade spying in Chinese territory, or territorial waters or the making of any documents in reference to the war. He would claim that this was an attempt to do what was torbidden- an attempt was punishable though possibly in a less degree than the actual offence. A pass port was essentially a document that was, used in times of war and intended to prevent unauthorized persons from travelling through places which they would not be authorized to travel brough, Such travel by an unauthorized person would have an ill effect on the Country through which he was enabled to travel,
AT, Grant Jones-He would
himself as represent
Ir vould be shie
able to
The Assessor-You mean photographs to him on December 25th: The first day Witness-Yes. These things were shown Rothman only showed pictures from America, but he told him that the other photographs were in the custody of his superior and were kept locked up, but by would later show them to witness. Both man explained that he wanted to pre vent people from getting into trouble and frequently repented: provention is better than cure. Rothman asked wit- now to see people before they got into trouble. Witness met Rothman and Roth. man sent his boy to witness several times. Rothman talked to other people in the same way ng to witness and the other people, not knowing that witness know Rothman, came to him privately and told him what he had better do Rothman did not show him the photograph the day before he was arrested, but had shown him the negative.
The Assessor-When? Witness About the time of the rupture of relations
-
Tlie witness continued that Rothman gave him a photograph and said that it was the photograph be had promised to give him. He said if witness wished be could give the photograph to the Dutch Consul.
nsult
in with the Dutch
The Assessor-Did othman want to get Witness He said could show it to the Dutch Consul. He told me to show it to Dr. Fischer I will prove that Rothraan offered his services to Germany.
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-2 very Fair number of admirers to the Theatre Royal. Miss THOROUGHLY Marjorie Manners played the part. The witness continued that Rothman most daintily. Her singing and dancing PRACTICALLY said he had nothing more to do for the were equally effective. Without ques British and showed his discharge, which tipn, her charm of manner, in this and said he was only discharged owing to a other plays, has made her a very great
STOCKED reduction of the staff. After leaving favourite with all Hongkong thentre Rothman on May 30th, witness met Mr. goera. As might have been expected Mr. Huntze, who said that Rothman had Billy Rex and Mr. Fred Winn, those two given him two pictures. Witness went clever comedians, extracted the full mea home and found there a Mr. Bernard and sure of fun and laughter from the parte Bothman had given him saying: See Hodgeon made a sufficiently attractive witness's wife and he showed them what of Wische and Heron Popoff Mr. L. FROM what things are being done here." He Prince Danilo and Miss Addie Leigh was then put the photograph and the lists in admirably suited to the part of Popoff's his pocket. He kept the photograph in wayward wife Natalie, his pocket because he intended to go to Tonight The Girl in the Taxi ?? will the Dutch Consulate the next day to find | be given. out whether the French protégés were ro- gistered and also to give the Consul the photograph. When he was on the way to paid Tls 300 for it. He did not know the Dutch Consulate next day he met why Rothman showed him the photo- Lazar, who began to tell him about syne | 8spl.. He always used to say that pro opium smuggling from Canton. Then vention was better than cure, meaning Detective-Sergeant Schmidi cane ap and that the men who were wanted should said that witness was a suspected person be careful. Witness thought that he was and must go with him to the stationing warning because he was an up- Witness later met M. Huntze in the right man, but afterwards he found out Gardens and asked him to tell Rothman and Nielsen to go away because they
what he really was He wanted witness ig that the photographs had been seized. Later witness told the Dutch Consal know why, and did not ask. Perhaps were being looked for. Witness did not General all about it. When he returned Rothman wanted witness to be a sub he saw Rothman, who said he would agent. Witness never intended to go to arrange everything satisfactorily and America; it would be better to be a pri- offered to leave another photographsoner here then to be arrested for having When he returned to his honse about 5:30 a falon
tie passport for himself, but it was just said that he was going to take the negativ were waiting at his hetise. They then met explained that he was going to take
ed
called him into the street as he wanted to tell him what had been arranged. Rothman told him that he had explained about the photograph and lists to the detectives, Rothman said the detectives
to Maetavish and Lehmann's to be deve Schmidt, and after a talk between Schmidt loped. He got all his photography mato and Reeves the former suggested that they there, Rothman told Bim that bomb should go to see Reaven Witness went to would be placed in the Gerning steamers the station and Schmidt handed him over in Shanghai waters and that Nielsen to Inspector Reeves, saying witness could would be blamed. Rothman asked wit explain to him. In the office witness saw news to bring Nielsen to him and to warn photograph of Nielsen similar to that Nielsen that he would be blamed and in Court. Mr. Reeves took it up and that the best thing he could do would be said: This shows that you are making to leave Shanghai Rothman did not say falsu pussports. who would put the hombs on, the steamers, but he said some would also be put in the Astor House, and that Nielsen had better have the Astor House and go away Rothruan gave witness two lists of enemies suspected of fomenting sedition in India. The Assessor Do you, produce tham To Dr. Fischer) You ought to put them Witness said that Rothman had told him that the Intelligence Department got the lists. Te mention the names he did not think would be good,
as much an offence that he made, or intended to make, or was in process of aking, one for someone else. The very fas that be had an illegal document in possession put the onus on him of explaining how he got it in his posses sion. In time of war it was a very serious offence for persons in China to be able to do such acts as would endanger the neutrality of Chîn..
The second offence alleged was attempt forgery. They had the esidence of the Spanish Chancellor that the signature of the Spanish-Consul was a forgery because one "S" in the name, was too mathematically exact; secondly, genuse all passports had to pass through the hands of the Chancellor thirdly, that it could not have been issued and signed wia the photograph (of Nielsen) apin pering therean, and, fourthly, that the com never was and never had been for the Consul General to sign a pass port in blank. That enabled the Spanish Chancellor to say that it was a forgery.
Mr. Newman added that under Chinese law it constitated an attempt at forgery when any person received a document the signature of which was forged, or the signature of which was feloniously or wrongfully used (Article 250) The act of receiving such a document was a off nce. He claimed that under that
Dr. Fischer handed up a list written in pencil of the alleged sub agents,
To the Assessor witness stated that
The Assessor-Looked rather like it did it not 1 (Laughter.)
Buction the signature forming the sub Rothman told him that the people on the not know his reason. Rothman said that house several times. He could not say.
To bi izskatam wait that Hathorn plant ho piss in that 828 then said that of being an en aneutrol in Dileman wold witness who want that Bath.
were looking for him. About steamers, and that the British people Mr. Nowman-Yes. That in itself was graph, and explained to him what half an hour later Rothman came and would suspect Nielsen, Witness did not a breach of neutrality having regard to meant and said that this photo was an
know why Rothman coupled him with the Presidential Mandate, inasmuch as English circular to be sent out by the
Nielsen Witness took the photograph He could not get a passport unless he Brities Consulate at Hongkong, London
from Rothman because he did not see assumed Spanish nationality: He did and America, and that if Nielsen went
why he should not take it. He did think 201, suggest that the accused was making anywhere he would be caught. Rothma
that he would be held responsible for it.
The Assessor remarked that witness.
the photograph to the Dutch Consulate.
The Witness denied that his intention list handed up into trouble. was to get the man number two on the Witness would not say that Rothman gave him the photograph in order to have hun arrested. As things stood he thought it could be so. Witness explained the situation to Reeves the second time be was at the station. Bombs were actually found in the German ships. Nielsen left the Astor House because Rothman said, Witness continued that the safe referred he would be suspected. He said that to by Schmidt was one that the Chinese there were all sorts of rumours that the thorities seized in Chapet during the Germans were going to blow up the Tele- Revolution and later returned to in phone Building Rothman had said that Rothmian told witness that he had better | this would give the right to Ching to not mention any names because he wouldnres Germans and bring Chinn into find that the British authorities wild the war. get hold of him and send him to Hong Joseph Rothman, a naturalized British kong also he told witness's wife and subject, refused to state what his nation- others the same thing Rothman promis.ality was before he became rish He ed to do everything but warned witness had been employed by the British Intel- Dr. Fischer said that he grived to say not to mention is (Bothman's) name beligence Department. until Mays and that one of his countrymen whom he had cause he (Rothman) would be branded as had left when the staff was reduced. He appeared against in the Austrian Court traitor
was a confidential agent. He would not had put him on the list,
|- Cross-examined by Mr. Newman wit anor questions about his work, as he
by Mr. Newr The Assessor (to, witness) You lindness said he had nothing to do with the did not wish to incriminate innocent better write out the names,
German Consulate. It was up to Mr. persons. His business was confidentia! with information that he wished to 80 Ettinger by sight ever since he came to Rotman to explain why he weat to him and he would only answer questions about it in a British Court. He know to the German Consulate. Witness did
Shanghai, Ellinger had visited his of the charge was either forged or list gave him information and also told not keep quiet longer about what people whether he had spoken to Ettinger be
he was an old man, a mason, and would feloniously used and therefore constitut him about payments. The photograph in ure doing that he wanted the fore last, Christine ed attempted forgery, English law declared that wrongful possession of Court was bought Witness wrote the list Germans to know what was gang on The witness continued that be photographie copies of docuriente was just handed up in gaol and gave it to Hothman said nothing about expecting had been in Shanghai and spoke to him known. Detective Smith by sight since he ** Dr. Fischer
money and when witness asked him he about eight or nine days ago, also to an offence,
Detective Sergt. Schmidt deposed to To Dr. Fischer witness said that Both said that he did not, wat money, Inspector Reeves The detectives went arresting the accused, upon whom the man told him what sub-agent had sup Mr Newman-How do you live On photograph and two typewrition slips plied the photograph to him. The forgery my capitalented that to hot to see something that he had were found. Nothing suwus given by one of the persons on the Witness continued that he saw the to show them Ettinger came to sce picious was found in accused's house and list. The same person had been charged negative before seeing the photograp. He came several times, but witness only witness about buying witness's house. nothing was taken away from the pre-bofore the German, Court with the same Rothman said that his intention was to
saw him twice. The first time was about get certain people into trouble......... The Assessor- Who is the person t
His own subthree months ago and the last time on The Witness It is not interesting.
May 30th Nielsen came to his house agents Dr. Eischer-Write out the name,
Tho
Witness Yes, Rothman did not say once. Witness took a photograph of why be The Witness said that Rothman warned Mr. Newman-You had better tell the
wanted to do so.
Nielsen,
which he gave to the police. The witness said that he took and Cross-examined by Dr. Fischer, witness this person when the German Consulato atated that when accused was arrested he tried to prosecute him
truth. Is it possible for any man to do developed the photograph of Nielsen. made no objection about going to the The Assessor-nothman warned Kinder? such a fool thing bad thing He had the negative. He took photo. station. Accused was told that the police The witness said that they went to that these people were not British, but handed to the proper
The Witness said that Rothman said graphs of two other persons which he would like to search his premises No Kinder's room and took away all evidence were traitors to
did not give accused their countries and
two objection was made by accused, who, so that the German-Consulate did not find themselves,
court about sedition in India. Witness however, asked to be represented by some anything. He (witness) was called at the
For advised Ettinger to leave Shur The Assessor-He wanted to get them one on the ground that, as Sub-Inspector trial, but as there was not proof against into trouble for doing what he was doing hai. He did not give the photograph Reeves and witness were enemies, they Kinder he had to he let go. Rothman himself!
Court to Ettinger. Ettinger told him might put some papers in his house or proposed that witness and Nielsen should The Witosse-Yes, he is British, Roth-that a certain man was manufacturing pockets. Accused gave no explanation of go away from Shanghai when he showed man said that he would give evidence passports Witness did not go to the, how he came into possession of the photo them the photographa all ready to give to against them after the war. He did not. Dutch Consulate to report Ettinger's graph. As the search, of accused's pre- the police and Consuls. Rothman told know who made the negative. Rothman arrest, and did not speak to Mrs. Ettin secured," "accused's wife and two of looked like a French-Canadian he could explain. The second name on the list The Assessor accused's friends were present. One of go se que and witness could go as a Ras handed up was the man. The photo be resumed on Monday and the whole the latter was nothman, the other was asian. He gave Nielsen a lot of addresses graphs were to be sent everywhere today would be devoted to it next-door neighbour who was a Russian and said Nielsen would get a good job catch Nielsen. There was a plot to catch Dr. Fischer asked that bail be granted before the war, but had become a Turkish He also gave him a lot of books and said Nielsen and have him arrested. It was and said that he would give his personal subject. The accused, when asked about that he would find out the cost of the noonacarn of witness who took the undertaking that Ettinger would appear the empty iron safe, made a rambling necessary passports, tickets, etc. Nielsen who took the orginal had been arrested announed that ball of a cash security of original; Rothman said that the man After a brief discussion the Assessor staternent about it being an old piece of and witness thought that what Rothman, but had been relinsed. The original was 8500 would be granted if a written gra furniture. It was not that. Accused ask said might be true. Some time after obtained by Rothman's employer, who rantee were obtained from the Dutch ed to see the warrant and said that he witness. was speaking to Mr. Williams
Consulate that they would not interfere wanted to communicate with the Dutch of
American Consulate, and (Continued at foot of next colume.) with the jurisdiction in that can
mises
By Mr. Newman--We searched boxes and drawers. In an opstairs room there was an iron safe open and empty. The door was wide open.
The Assessor What?
mises Sub Inspector Reeves, witness; Nielsen that as he could speak French and told him, but it was not for witness toger or Huntzed that the case would
the
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