The Archive · 1929

Counsel's Instructions

The witness thought there was similarity between the supposed name Garcia and his own "but L am not sure, I don't know anything about The cheque book was then shown. del Valle who stated that the write But that is not Gareia's name, It is something in, Spanish, ess reiterated that thers was "absolutely no gambling when I had the place, I kept it for entertain ment for my friends and. there wa no gambling even for amusement.

The court then ordered Mr. Bryan to cross-question the accused wien Dr, Fischer asked for a ruling on "whether the case is to be tried under the rules of the old Mixed Court or under the rules of a Chin ese Court." He addressed the court at some length on the difference between the rules of procedure and stated that he believed the rules of the Mixed Court should apply and, if they did, that he did not intend putting his client in the witness box and, therefore. the prosecution had no right to question him. He would ask that the case be dismissed as. "nothing has been proved against my client by the police."

Mr, Bryan:—It is perfectly int to me what Dr, Fischer is trying to do. He is afraid of my questioning the accused.

The legal argument continued until Judge Wu made a ruling that if Dx, Fischer had a good defence there was no reason why he "should, be afraid to have his client cross examined." The Judge thought the-highest authority was the Rendi tion Agreement China had made with the powers and "the Provisional. Court must obey that treaty cording to that the right of or questioning lies with the judge whs this discretion could permit

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

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