Carlos Garcia was then called and, in reply to. Judge Wu's question, he entered a plea of "not guilty." Saying this in an almost inaudible voice, he.shook his head slowly. In answer to tHe Judge's questions, accused said that he had no connection with the Wheel at 151C
Bubbling Well Road. He had been there as a visitor, but he did not go very often. He had been there a number of times. He did not recall his first visit, but he thought it was some time in 1923. He did not go there to gamble. He the place on July 81 to the fof October, taking it over to himself. He had no intention of gambling in the place, nor. did he gamble there. He was not with del Valle when he bought. the roulette] wheels and other paraphernalia but the latter told him he had bought} them from another Mexican named Leal, On the night of May 25, he said, in answer to further questions, he was at 151C Bubbling Well Road. That night, the police came there with a patrol and barbed wire. He went there between 11.30 and 11.45
Jand had something to eat and after he had eaten he went out with the crowd. When he got there, he met Mr. Mandel and they had supper together not in the main room. When the police came, they did not know what it was, whether it was a fire or something else, but they soon! Tearned what it was so they went out. It took a long time because about 100 or 150 people were there and the names of all were taken and everybody waited for his turn to go out. He did not go there to gamble and did not think that Major Hood saw him, unless he saw' him walking through. Witness did) not stand to watch any table. He ply went there to have supper. He did not see Major Hood and di not know him. He strongly denied going there to gamble and he did not gamble that night. He went to see some friends because many people went there to meet friends and not to gamble, Judge Wa—Have you ever gambled?
Witness—No. I have never gam-Bled directly there.
The Judge—How do you gamble? Indirectly?
Witness—In this way. Some of my friends. who: gamble have been there and I would be a 'A' dosment partner?—Yes, Another Request for. Bail Dr. Fischer submitted, here. that the prosecution had closed no evidence. against accused which] vould prevent the Court-from grant-fog. bail, Council thought that possibly the Court, after having Seen the Rimey: rounds of the pro-Seeution, would change-its mind and grant bail. At the last hearing, his Honour had. refused bail on
jumping bail and the possible danger three isting arrest, of hit escaping. The resistance arose and accused acted in accord: face with instructions from his Consul, whom he was bound to obey. Hee wat forced not to submit to the warrant. If anyone was wrong, it was his Consul and ed should hot be punished for that, Accused was a. victim of an extraordinary' system existing in Shanghai and the Sme might happen to anyone. man may be told by the British ftuthorities that he i an English. ran and then an affeer of the Prosional Court arrives with a warrant. The questions arose "Who was he to obes? His Consulate where he wae registered, oF an officer of the Provisional. Court?" Council submitted that accused should not be banished for functions, rightly wrongly, done by his Consul. The reasons for the second point were exactly the same, He would not attempt to escape, A Question of History:
"1 wish to renew my- application for bail," continued Dr. Fischer, "and I most respectfully submit} and most earnestly urge your Honour to grant. this, This case is not merely a test case but it is case in which your Honour will make history and if you refuse ba' in such a simple and trivial matter, Tam sure it will... 2"
Judge Wu—What? Make bad his-
Dr. Fischer—If you want me to be frank, maybe, because this is an offence-for which every court in Europe and America would grant} bail.
Jadge Wa—If you don't agree with me, you may take exception, but we are in a Chinese Court and we must. obey-the Chinese laws.
Dr. Fischer—But the prosecution has not produced any evidence, Mr. Bryan may laugh as much he likes but he who laughs last laughs most, Judge Wa—Gareia is a grown-up man and he has to assume responsibility for his own actions. There} may be ambiguity in Ww but the object of the law is in no way! changed, All those things which' you urged upon me may be taken into consideration as mitigat~ ing circumstances but all your argu~ ments, political arguments, I think are neither appropriate nor relevant. This Court would rather do justice and apply the law, even though should be an obstacle to the abolition of extraterritoriality if, by s0 doing, it should mete out injustice ud violate the law. Law is the idol of this Court and not the abolition of extraterritoriality. Your application for bail is refused and, ff you do not agree with me, you may appeal.
The Court then adjourned.
The Telegram from Washington At the hearing on Juy 10, Judge Wa said that an unofficial telegram had beet! received by Dr.
president of the Provisional Legation in Washington that. an American citizen had made a statement that his friend Garcia was in trouble in Shanghai in connection with a gambling case and that bail had been refused hive.
The telegram went country which had red ex-
Chiva and that, the decision of.
Washington in the present negotiations over the future status of Anierican citizens in China, Judge Wa said that he was ious because of the telegram to Point out to the counsel engaged in the ease that such "tricks" would have no bearing on the decision to be rendered on the present charges. He did not know whether the counsel for the accused had been busy in Washington or whether the accused himself had been cabling his friends there, but in any event he wanted it understood that the case would be tried fairly and no attention paid out in: the. American capital:
Dr, Fischer in reply said, that. R8: had, no knowledge of the telegram whatever and he was sure his client. equally ignorant of it, He ha himself received a message from, the Mexican Consul who was instructed by the Mexican Minister in Tokyo that every help, was to be given the two accused andi, that he, the Mexican Consul, "had, dene enough damage alrendy.
Fischer thought his case "too good; to need any external influence and: furthermore T have full confidence in you, Judge Wu."
Judge Wu then called Garcia. to... the witness box and questioned him, about the lease at 151¢ Bubbling, Well Road. 2
Text read from the printed page and cleaned; old type leaves the occasional error.