Ix RE oF R. Price, ox Habeas Conrvs, Arripavit or Bert Scutesixozn "ix ne Pgritioy ror writ oF Haseas Corpus, src, Usire Stars or Awznica, Nontners Disraict Gativorxia, City axp County or Sax Frawcrsco makes oath: i pean Bert Schlesinger, being duly sworn, That he is by profession an attorney-at-law, and is a member of the Bar of the above-named Court.
That on or about the first day of February, 1907, affiant was retained by the law firm of Brooks and Andrews, of Shanghai, China, to appear in the above-entitled Court on behalf of one 8. R. Price, who, or on about the 15th day of January, 1907, was convicted in the United States Court for China, sitting at Shanghai, of the crime of with " deadly weapon, for the purpose of getting the said Price admitted to bail, and generally to represent the said Price in the matter of his I from the judgement of said United States Court for (hina, sitting at Shanghai, to this Court.
That affiant was informed by Lorrin Andrews, one of the attorneys for the said Price, who arrived in the city and county of San Francisco from ¢ hina per the "steamship Siberia on the 11th day of February, 1907, that an appeal had been perfected from the judgement of conviction rendered by said United States Court for (hina, as aforesaid, to the United States Circuit Court of Appeals for the Ninth Circuit; that, after said appeal had been allowed the attorneys for said Price, to wit: F. M. Brooks, Lorrin Andrews and C. D. Musso requested the said United States Court for China, sitting at Shanghai, and the Clerk thereof, to certify and transmit to the United States Circuit Court of Appeals for the Ninth Circuit, a true and correct copy of all the papers, proceedings and record in the care of the United States of America reeve 8. R. Price; that affiant was informed by the said Andrews that the Court and the clerk thereof refused to do so.
That on the 11th day of February, 1907, affiant sent the following cablegram' to the said F. M. Brooke at Shanghai, China, one of the attorneys for said Price, viz.
"San Francisco, Cal., February 1, 1907.
Text read from the printed page and cleaned; old type leaves the occasional error.