A motion made by Mr, P. M. Linebarger to dismiss the murder charge against Homer Merrit Clarke was over-ruled by Judge C. S. Lobingier on Saturday morning.
Accused is charged with the murder of a Chinese shoemaker by throwing him from the U. S. S. Elcano into the Yangtze River, sarding the price of shoes, near Hankow, after a dispute re-
Mr. Linebarger stated that there were two questions involved in the motion for dismissal and according to these he averred that the accused was not within the jurisdiction
ed:—this Court. The motion show-'That the accused is and was according to the confession of the informa. tion herein a ship's cook, third class, on the U. S. naval ship ' Elcano, and that as such ship's cook he is under the protection and jurisdiction of the naval courts of America, that he has a right to be tried before the said naval courts, and that he has not ror does not rélinguish or abandon such right.
2.—That without admitting the right of this honourable Court to take cognize ance of the alleged criminal matter contained in the said information the accused further shows that the said informa. tion alleges that the alleged crime of murder was committed on a ship of the U. S, while same was anchored in Yangtze River, near Hankow, Chin: and accused affirms that ti said cause is properly and only triable in the locus of the commission of the said alleged offence; to wit in the city of Hankow. And the accused further affirms that the said city of Hankow is tata great distance from the premises of this honourable court, being at the distance of approximately 500° miles and that in the troxsfer of this cause to the International Settlement of Shanghai, there has in fact been taken a change of venue which is highly prejudicial to the constitutional rights of this accused, in that he cannot prepare and present the proofs which otherwise he would be able to adduce in his behalf.
'A motion to dismiss the infermation against accused for lack of formal requisites. was also over-viad.
Linebarger, who asked that the ter some argument by Mr,
Court should hold a sitting at Han. kow where he could call' several witnesses for the defence, Judge Lobingier announced that the present Court would take jurisdiction and that the motion to move the
Text read from the printed page and cleaned; old type leaves the occasional error.