The opium prosecution, in connexion with which somewhat heated discussions have taken place on the subject of the warrant and jurisdiction, was again before the Mixed Court on Wednesday, having been set down for special hearing by the Italian Assessor (Mr. Ferrajolo) and Magistrate Tsang.
Mr. R. C. Faithfull, who was present to watch the interests of one of the accused (a Chinese detective), said he had been directed by the Commissioner of Police to bring to the notice of the Court a letter written in January, 1913, by Mr. Siffert, Consul-General for Belgium and Senior Consul, and which read as follows:—
"With reference to the Registrar's report for October, the Consular Body has the honour to draw the attention of the Mixed Court to the necessity of strict application of the rules of procedure, such as approved at the Consular meeting of December 22, 1911, and communicated to you on January 3, 1912. According to those rules, the Consul-General of the nationality concerned shall be the sole person to determine whether a foreign interest is involved or not, and this decision cannot, therefore, be subject to discussion by the Assessor of the day. Although the paragraph of the said rules, foreign interest, refers to Chinese civil cases, it is not admissible that a completely different tule be adopted on the same matter in criminal cases.
At this point, Dr. Fischer, who was appearing for the prosecution, intervened, saying: I cannot understand why this letter is being read. The case has been set down for trial this afternoon.
Mr. Faithfull—I_ am instructed by the Commissioner, Dr. Fischer—I don't care if you are instructed by the Commissioner of Police. You have made enough fuss about this case, instead of which you ought to be on my side prosecuting with me.
Mr. Kentwell—I support Dr. Fischer's protest, Dr. Fischer—You will find all this in the Municipal reports: the first thing I had to learn when I started to practice here.
Mr. Faithfull—I am instructed by the Commissioner...
The Assessor—Yes, I know that letter, Mr, Faithfull.
Mr. Faithfull—Well, I suggest it should be brought to your notice, because application that this case should he heard before you was made to you, but not to the Consul-General Dr. Fischer—That is not true.
The Assessor—It is not your business.
Dr. Fischer—I never made application in this court to have the case heard before a special assessor. It. is an absolute lic. I repeat it, an absolute lie. It is only black-niall on Mr. Fleming's part.
Text read from the printed page and cleaned; old type leaves the occasional error.