1921-08-04 — Page 4

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[39

THE SHANGHAI

Mr. CRIMINAL

LIBEL CHARGE.

MR. FLEMING COMMITTED FOR -

TRIAL.

Bryan: We object upon the following grounds: It is privileged communication between an attorney and his client. Secondly, it is a copy and not the original. The authority cited by counsel has no application in criminal cases or in cases where the original is taken out of the jurisdiction by the prosecution.

1971.

GERMAN" CONSULATE AT SHANGHAI REOPENED.

On July 26th, the German officials in Shanghai formally resumed possession of their old consular building in Whangpoo Road.

The formality of handing over the property to them, the NC. Daily Nees, says, was carried out by Mr. S. K. Chen, chief socretary of the Bureau of Foreign Affairs, Mr. K. Schirmer acting on behalf of the German Government, The Consul-General for the Nederlands and his staff were also present. To mark the event the German republican fag a thereafter hoisted.

Immense interest was shown, the Y.-G. Daily Nobe says, in the preliminary

Mr. Rodger: It is not a privileged hearing of the charge of criminal libet preferred against Mr. William S. communication if a lawyer has no right Fleming, the well-known senior partner to write to a client on anything except of the American law rms of Fleming, their particular business. This is not a Davies & Bryan. "on the information of matter of business between Mr. Fleming Mr. Stirling Fessenden, the leading and Mr. Wilson and it has nothing to member of the American Bar in Shanghai do with a privileged communication.

The Commissioner: Your contention The capacity of the United States Court

For the present there is nobody held- for China, which is not too commodious, is that it is not relevant to the matter in

ing the rank of German Consul-General was insuficient for all those who wished hand?

Mr. Rudger: Yes.

in Shanghai, and co definite appointment to hear the proceedings and, many had

Mr. Bryan it is relevant, bessuse the is expected until the lapse of some weeks so erowd outside in the lobby. The court-room was filled with a gathering arm of Fessenden und Holcomb interfer in the meantime Mr. Schirmer is in of prominent American legal and busied and tried to steal away from Fleming. charge. Prior to the declaration of wax Dese men and there were more newspaper Davies and Bryan the business of the by China he had been for many years stationed in Shanghai, and is remember- man present than has probably ever been Philippine National Bank,

to The Commissioner: Don't try ed bent as Mixed Court Assessor. Some seen before in any cours in Shanghai.

The case was heard by Mr. F. J. make statements that will not help months ago he was in Peking as a mom

outside Schuhl, Commissioner, and the prosecu you in this matter. All these

statements will have no tion was conducted by Mr. H. D. issues and

this case.

I m Rodger, Acting District Attorney. deciding bearing en

When the case was called, the Commis going to hear this case properly.

Mr. Bryan: This inatter, 1 submit, sioner asked Mr. R. T. Bryan if he was appearing for Hr. Fleming.

Mr. Bryan: No, ha is appearing for himself.

The Commissioner: He is not repre- sented by Counsel?

Mr. Bryan: No.

4

ber of the German Mission.

it in ditieult to ascertain exactly how many Germans are now in Shanghai and district; but taking all members of the is relevant and we are entitled to object,ommunity into account-men,

Women

THE BURIAL OF A RUSSIAN CHILD AT PEKING.

A REPLY TO THE DALTA AGENCY'S ASSERTIONS.

17

the

We published some little time ago circumstantial story circulated by the Dalta Agency in Peking, concerning refusal of Bishop Innocent of the Russian Orthodox Church to bury the child of Mr. and Mrs. Tujilin. We observe that the l'cking and Peking correspondent of the Tientsin Times has had an interview with Bishop Innocent on the subject and ha siderable interest and show to what extent writes:-The following facts are of com the Bolshevik propagandists are willing

to bolster up their cause. Bishop Inoncent stated that is was fact that he had refused to inter the child, giving as his reason that all Bol- sheviks had been excommunicated pot by any single member of bis Church, but by an Assembly of the Bishops, arch-Bishops, and other the Church. "Ever bad beguitaine. of tas not within his power to disobey the orders of his superiors. He stated, however, that the manner in which the whole case. had been placed before the public was a

He distortion of the actual facts. plained that Mr. Tajilin, at presenta

but at ono time

as the letter does clearly show what and children-the number is certainly self-confessed Bols his quotations con-

have stated..

Mr. Rodger: The whole letter is more or less scandalous.

Mr. Fleming: Before proceeding with this particular matter, I desire to file a complaint against M. Concepcion for appear? threat to cause bodily harm to me.

The Commissioner: What has that to do with it 1

Mr. Fleming Nothing. The Commissioner: We will take that

not below 300. Quite possibly it may prove to be as high as 500.

GERMAN PERSONNEL IN CHINA. Mr. Bryan: We don't admit this

While Dr. von Borch is German Charge d'Affaires in Peking, the appointment has Court has jurisdiction.

The Commissioner: Then why do you just been announced of a Minister in the person of Dr. A. Boyé. In a telegram Me. Bryan: Because it has been over sent by Reuter the name was stated as Herr Wege, Chief of the Commercial ruled.

Mr. Rodger: I have a decision, anti-Section of the Foreign Office, but this was cipating that objection. The U.S. Supa mistake in transmission, the holder of reme Court Reports, the highest Court that position being Dr. Boyé, who is ex in the land.

pected in China about October." Dr. Boyé The Commissioner: That is my under was on the German Consulate staff in Mr. Fleming I desire also to fie a

If the lotter is Shanghai about 1904, and for some time ing him with embezzlement and also outside the jurisdiction, a copy can be was in charge there. He then went to the complaint against Earl B. Rose, charg-standing of the law.

Foreign Ctice, and latterly held the charging Charles S. Lobingier, Stirling produced.

Mr. Rodger: Otherwise a person can appointment mentioned. Concurrent with Fessenden and Chauncey P. Holcomb.

matters publish a libel in any place and no his arrival in Chins it is anticipated that The Commissioner: These

deficite appointments to the different will be taken up after this other matter action can be brought.

Consulates will be made. is over.

afterwards.

...

Mr. Fleming: I have another com- plaint charging Charles S. Lobingier, Chauncey P. Holcomb, Stirling Fessen: den, Ferno J. Schühl and H. D. Rodger, with criminal conspiracy. And another que charging H. D. Rodger with griminal

libel.

The Commissioner: These matters have nothing whatever to do with this procedure and if you think the Court will be influenced by the introduction

Mr Bryan 1 object. I wish further to object on the ground that this libel

Manila 泗

ard not was published Shanghai, and the Court has no juris

diction.

The Commissioner: 1f you wrote a letter in Shanghai and published it in Manila, the venue would be in Manila

The libel is where the 1 don't agree. letter is written.

THE OFTENDING LETIER.

of such things you are mistaken. You Mr. Rodger here read the part of the will know, as a lawyer, that these mat-letter complained of and mentioned in ters have nothing whatever to do with the charge, as follows:-

I have a long story to tell you some these proceedings. I might tell you now that I am going to hear this case and day as to the reason why these unfair I will not be influenced.

methods have been introduced by the Mr. Fleming banded in all the peti-members of the arm of Fessenden and tions and continued:"I will now file since they have done these things, a petition for a change of venue for this I can tell you in confidence now that, matter now pending and I desire to since they have done these things,

have come into possession of evidence argue on it."

that will not only discredit them but ruin their names in the community. They realize this now and are trying to make complete retraction of what they have said and done in this matter.”

The Commissioner: It is clearly in the discretion of the Court as to whether the venue should be changed. If I and that the facts are sufficient, I will allow

It.

I

Mr. Fleming: 1 cun prove in laMr Bryan ask that the whole of the which governs this Court-that, the letter be read.

where there is an application supported Mr. Rodger The entire letter is be by an affidavit, you are absolutely dis.fore the Court. These are, the parts we

object to.. qualified from sitting.

Mr. Bryan: I ask that the whole of the letter be read.

The Commissioner: I will determine that. You will take your sent while

read this.

Mr. Fleming: I want to argue. The Commissioner: I may point out that this is merely an investigation as to whether there is sufficient to hold you over to the higher Court.

Mr. Fleming Am I entitled to argus

that i

The Commissioner: No, you; are

Having read the petition the Com missioner said that the motion was over- ruled,

not.

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Mr. Fleming: I ask permission to argue that:

The Commissioner: What is the need of it? I have ruled on this motion. There will be no further-argument.

Mr. Rodger: You cannot. (To wit ness), Is that the letter sent to Manila,

your own knowledge?

A. Yes.

In the meantime these positions, are held temporarily. While Mr. Schrimer, Tigges, formerly acting Consulat Canton, as stated, is in charge in Shanghai, Mr. has been posted to Tiantain. Dr. Brackio, Mixed Court Assessor in who may be remembered as having at one bime been Shanghai, in acting at Hankow.

HONGKONG EXCHANGE

QUOTATIONS.

Mr. C. A. da Roza's Exchange quota- tions for the month of July include the following table:--

Ready!

Bterling

***

Average Rate July,

(1921) (Approx.) — 8 TO 491 623 Highest Hate July,

39) 2/01 1034 50 650 (1021) Lowest Rate July,

(1921)

352/7 100 48] C.CO Average Rate to date

(1921) (Approx.)... 2/8 100 491.00

$1,000.

A FUNTUER WARRANT BERVED.

45

11

Russian Consul, earning the history of the Russian Ortho- dox Church in China show, was well con versant with the fact that there were two Besides Russian cemeteries in Peking. the one close to the Cathedral there is second one which has existed for more than two hundred years. People of all, nationalities were allowed to bury their dead in that cemetery by simply securing permission from the police. He naturally supposed that Mr. Tujilin, who must have been aware of this fact, would immedi ately get the necessary permission to bury bis child in that cemetery.

The mother of the child told the Rey. Mr. Bentley that the child was a Lutheran. I asked Bishop Innocent to give me a little more evidence on this point, and with a certain amount of reluctance he showed me a letter he had received from Bishop Norria of the Anglican Church. In this letter Bishop Norris said with referener to the publicity that had been given to this case;

I should have taken no notice the matter had it not been that the statements published in the

papers were obviously to use the incident for politi.. purposes. I think that the account (published in the papers) drew a con- trast between your action and that of Mr.

cal

roached. Mr. Bentley was ap

by the mother of the child who said that as the child had been baptised a Lutheran it was therefore impossible for it to be buried in the comentery of the Russian Orthodox Mission. Mr. Bentley took the funeral in due course, and it was only when it was over 'did, he learn:(1) That you had been 1 proached and had refused to bury the child; and (2) that the child had been baptised in the Orthodox Church and was not a Lutheran. I will only add, that of course, the words attributed to the British Priest were never used by Mr. Bentley. This incident is now closed, and seems to call for no further action on my part, save this assurance that, if the true facts had been known, I should certainly have communicated with before

you

of the child assenting to the burial The above explanation of the affair gives a typical example of the macner in which the Bolshevik propaganda organ Later in the afternoon, Mr. Fleming established in China will go to try and was served with another warrant for further their own cause. The evidence con- criminal libel, issued on the application tained in Bishop, Norris' letter to Bishop of Mr. H. D. Rodger, as Acting District Innocent shows how the facts were dis Attorney, on the sworn information of torted with a view, no doubt of trying Manuel S. Concepcion. Mr. Fleming to damago the Orthodox Mission here, was again admitted to bail in the sum of which is fission property and not the This concluded the examination.

property of the State, as the Bolsheviks in China are trying to claim. Everyone Mr. Bryan: I don't cross-examine.

The libel is alleged on the basis of We don't admit the Court has jurisdica communication dated July 20th, this took the statements of the Bolshevik year, addressed by Mr... Fleming to Agency here to be true, and as far as I The Commissioner: You have said Messrs. F. J. Schubi and H. D. Rodger. can see no one took the trouble to verify

them. Had that before.

The part complained of is as follows:-

they done so they would have secured the same evidence as I have secur Mr. Rodger: That is our case.

Before entering upon any discussion ed.

This Mr. Bryan: I wish to again request of the different allegations that have propaganda agencies here are willing to case shows that the Bolshevik that we be permitted to be heard on the been made by Mr. Conception, I wish to use any material that may come to their question of prejudice.

call your attention to the fact that this hands, even if they have to distort the The Commissioner: I bave ruled on man is a Philipino, 23 years of age, with facts connected with so sad an event as that motion and I don't wish to waste little experience in business and certain the death of a child to further their own time discussing it. It is clearly in the ly not one who should have been en-cause. Court's discretion. That ends

tion.

matter. 1 do not desire to hear any hai of an affair of such serious import-

the trusted with the management in Shang-

*

ance as "the disaster with which the

END OF **E.P.D."

H

Mr. Fleming: The rule applies to a Magistrate as well as to a Judge. Will more argument on that point.

Mr. Bryan: Does the Court refuse to Philippine National Bank was faced in FORWARD CONTRACTS AND BAD the record show that it is overruled?

DEBTS. let us argue? The Commissioner: Yes, the record

Januy and February last and from The Commissioner: It has been over-which it has not yet extricated itself... will show that.

ruled.

as solution of a financial difficulty.

If you are not already informed, you When the Financs Bill comes before the EVIDENCE OF MR. CONCEPCIÓN.

Mr. Bryan: wish it to go on the can readily learn that the probable losses House of Commons en Report Stage, The charge was then read and Mr. Rodger called Manuel. Conception, a records that we have bad no chance to which this Bank would have sustained (says The Morning Post of June 28th), Filipino, aged 28 years, assistant general read que decision, or to make any re- had it been compelled by its creditors two pew clauses will be moved by private to liquidate its exchange contracts fall-neubers, which command the approval manager of the Philippine National marks. 1 am entitled to argue.

The Commissioner: If you make any Bank. He said that he came to Shang-

would have been, between seven and 10 hai on "February 10th, with regard to more statements of that sort I will £nen de before the end of June, this year of the Federation of British Industries, some thatters relating to the Bank. Mr. you for contempt. You will take your million trels and yet a young Filipino, Fleming saw him on the jetty and made seat. an appointment to see him at his office threat of a fine for contempt.

Mr. Bryan: I take my seat under the with limited banking and business ex perience, was sent to Shanghai as the head of a commission to inquire into and The Commissioner: The affidavit of adjust one of the most serious and critical affairs in which any Bank could prejudice does not lie in this case.

Mr. Bryan: Will you let ma argue!

have been involved... The Commissioner: 1 will not. Have you any witnesses?

Witness went to the office.

QDid be give you anything i A. Yes. After giving me the account, he turned gome papers over to me in connection with the Philippine National Bank,

Q-I put in a copy of a letter sent

by Mr. Fleming. Have you even seen

this before?

Alt is a copy of a letter written by Mr. Fleming to Mr. Wilson.

Q. Who Mr. Wilson 1

pine National Back.

yout

+/

"

Mr. Bryan We don't care to call any witnesses. We will take out a writ ́of habeas corpus.

ACQUARD COMMITTED,,

crime of criminal libel has been com

They are designed to meet the problem industry. The Excess Profits. Duty was between firm and firm in the same invented to prevent profiteering, so that traders should not wax fat on the war which the soldiers were fighting.

Trade is a delicate business. To make the con- ditions fair, as between one competing

and another, neat

to a seven

The character of this young man fizzo

once during his required. Firma were 44ents are became apparent at examination before you, when he arose years inquisition and proof,, in the from his chair and, in a burst of in-matter of war profits, so that a large tease anger, stated to me: You are a Percentage of those gains, rising to 60 por son of a gun. If you talk that way, 1 cent, should be transferred to the State

to help to pay for the wer.

Seven years from the declaration of will stick a knife in your belly. Thus nature of the imate view of the real war was the prescribed period. Busines nature of the man who so easily and firms have their own dates for the making

ment.

The Commissioner: It appearing to A. The general manager of the Philip the satisfaction of the Court that the Q-Is that the copy Mr. Fleming gavo Emitted by Wiliam 6. Fleming," it is naturally reverts to the savage type from up of their annual accounts. These worn environment is among the cock-fighters sooner the seven years started the sooner -It is a copy of the copy he handed the Honourable the United States Court and bolo-wielders of the Philippine they would finish, the later the later, bat

for China. Pending such action, bail

for everybody. The Commissioner:Where is the will be fixed in the sum of 81,000, the jungle. Lying to him is an accomplish an even seven years

result of this arrangement has been that same as before.

"This man's conclusions and opinions while in some cases the seven years expir have been accepted by you and upon his cd in August, 1950, in others the seven word the investigation is proceeding. II Feare may endure until August 4th of

this yeur

Differences of six months in he represents the type of young patriot the expiring dates are common, and they who is to assume the responsibility of may affect certain firms to the extent of governing the Philippine Islands, if the extermination, with the result: that the independence sought for by the Filipino burden of taxation will become heavier politicians is to come about, then we and heavier on the firms which remain. may look forward to the fature of that country with nothing but despair."

کمر

1

to me.

The original i

A.-In our files at the Bank in Mr. Fleming I would like to ask Manila

why do you say: "W. S: Fleming," The Commissioner: Why is it not before objected when I

instead of. Mr. Fleming! You have here 1

The Commissioner: These insulting marks do not go with the Court for one minute. You take your seat and stay there. I may add that, warrants on the petitions presented are denied.

Mr. Fleming On what grounds are they denied? I have filed criminal com plaints and I should like to know why They are filed warrants are denied.

A-This was sent to Manila and the original was "copied there.

Mr. Rodger: It is not necessary to produce the original. I cite from the U.B. Supreme Court Reports, page 302, 86-89. I will read a paragraph from this letter.

ORJECTION BY THE DEFENCE,

Mr. R. T. Bryan: We object to that The Commissioner: understood you were not appearing.

935

no1

Bryan: I enter my appearance

under oath.

•

The Commissioner: Maybe there will bo affidavits on other matters:

(Continued at foot of next column.)

The preliminary hearing in this case has not yet been settled, but it will most probably be fixed for some time this wook, whilst the hearing of the casa in which Mr. Feascaden is concerned is almost certain to be tried by Judge Lobingier.

PORTUGUESE INDIA.

of

The provisional census returne Portuguese India, which includes besides Gon and the towns of Din Daman, and Nagraveli "in Gujerat, give & population. of 670.618-as compared with 543,942-in, 1910 thus showing an increase of 22,271.