The Archive · 1923

The Question of Depositions

Mr. Husar in speaking for a motion to set both cases against Kearny for argument, made mention of the letters which he wished to enter, stating that two of them with reference to the first charge he wished to enter without any stipulations, but that the other he wished to have consent from Mr. Franklin. He was against any further depositions, for in the one instance more than three weeks had elapsed since the first trial and no deposition had been received from Admiral Tu and now he had gone to Peking and would not return to Nanking for some time. Besides the contents of the letter from Admiral Tu would not differ much from his evidence as taken in a deposition. It was a novel procedure for a criminal case to be held up after the hear-for depositions to be taken He realized the dif-faulties of obtai ing statements from Chinvse officials and! did not wish to embarrass the defence, but, he felt sure that the evidence of Admiral Tu would not alter the situation, and in the other case he had certain information—that Chang Tsai-wang would not meet the Commission to give a statement.

His Honour that it is not good policy to proceed to Peking for it is an expensive trip, but we must allow the defendant every possible chance to establish his innocence. 1 suggest. that telegrams be sent to the Admiral arranging a date and try to get it yo morning. The Commission can then proceed—thei but both arguments must it until its return.

the applic: tion for the appointment of ar for the Kearny Ca.. Ld. F. J. Schuhl suggested that a firm of accountants be appointed and Mr. Franklin for the company agreed to this.

Text read from the printed page and cleaned; old type leaves the occasional error.

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