that.
The Commissioner:—I understood you were not appearing.
Mr. Bryan:—I enter my appearance now.
Mr. Bryan:—We object upon the following grounds: It is a priv-lieged communication between an attorney and his client. Secondly, it is a copy and-not the original. The authority cited by counsel has no application in criminal cases or in cases where the original is taken out of the jurisdiction by the prosecution.
Mr. Rodger:—lt is not a priv-lieged communication if a lawyer has no right to write to a client on anything except their particular business. This is not a matter of business between Mr. Fleming and Mr. Wilson and it has nothing to do with a privileged communication.
The Commissioner:—Your contention is that it is not relevant to the matter in hand?
Mr. Rodger:—Yes.
Mr. Bryan:—It is relevant, because the firm of Fessenden and Holcomb interfered and tried to steal away from Fleming, Davies Bryan the business of the Philippine National Bank.
The Commissioner:—Don't try to make statements that will not help. you in this matter. All these outside issues and statements will have no deciding bearing on this case. I am going to hear this case properly.
Mr. Bryan:—This matter, I sub-nit, is relevant and we are entitied to object, as the letter does clearly show what I have stated.
Mr. Rodger:—The whole letter is more or less scandalous.
Mr. Bryan:—We don't admit this Court has jurisdiction.
The Commissioner:—Then why do you appear?
Mr. Bryan:—Because it has been overruled.
Mr. Rodger:—I have a decision, anticipating that objection. The U. S. Supreme Court Reports, the highest Court in the land.
The Commissioner:—That is my understanding of the law. If the letter ly outside the jurisdiction, a copy can be produced.
Mr. Rodger:—Otherwise a person can publish a libel in any place and no action can be brought.
Mr. Bryan:—I object. I wish further to object on the ground that this libel was published in Manila and not Shanghai and the Court has no jurisdiction.
The Commissioner:—If you wrote a letter in Shanghai and published it in Manila, the venue would be in Manila? I don't agree. The libel is where the letter is written.
Text read from the printed page and cleaned; old type leaves the occasional error.