L. G. Husar, District Attorney, and Mr. S. Fessenden appeared for the U. S. Government; Mr. C. Franklin and Mr. P. Faison for the defence.
To all the three charges Kearny pleaded not guilty.
Mr. Franklin stated that an official communication had been addressed by the Chinese Go ment to the Court, explaining the whole facts of the case, and moved for the dismissal of the charges on that ground. The letter was signed by Admiral Tu Shih-kuei, Commander-in-Chief of the Chinese Navy in these waters, and was enclosed in a communication from the American Consul in Nanking.
Judge Lobingier overruled the submission.
William Fredericks, proprietor Fredericks' Hotel, stated that Kearny and Harry Horowitz came to his hotel as_ guests. Kearny asked witness if he knew
Text read from the printed page and cleaned; old type leaves the occasional error.