The Archive · 1929

Counsel's Instructions

Cly. Fischer:—Therefore, I take exception to the roling and order Yny client not to answer any ques-Hons put to him by the police proeceutor, Mr, Garcia don't you ewer a question, Refuse by advice) of counsel. big ruling and it was to be lived Judge Wu said that he had made]

up to, but Dr, Fischer consistently, objected and brought up the case of four Indians who were recently charged in HM, Supreme Court: with murder and were not put in the witness box by their Counsel and, therefore, could not be examin. ed by the prosecution.

'Mr, Bryan:—Dr, Fischer has yight to tell his client not to an-wer any questions. He is defying' the court, In other words he is saying "You have made a ruling, now try and enforce it."

Mr, Bryan:—I believe you stated! ata previous hearing, Mr. Garcia, that you were a stockbroker, Didn't} you?

'Witness:—I refuse to answer by' advice of counsel.

Mr. Bryan continued with his questions and asked the court's assistance in getting the witness to speak.

The Judge Judge Wu:—Dr. Fischer's advice to you Mr. Garcia is wrong, But everybody has the right of free speech and I cannot make you speak if you do not want to, If you refuse to anewer judgment can be rendered "against you and Dr. Fischer's advice is not' beneficial.

Mr, Bryan then continued to ask questions: to which he received a mechanical "I refuse to answer by advice of counsel."

Mr, Bryan:—This is going too far. 1 ask the court to commit this accused to gaol for contempt of Mr. Garei Again Mr. Bryan to questions without ay yeu present when the so! place were searched? Isn't the only office you have at 36 Szechuen Read?" Didn't you go there every night before going to 151C? A lot} of papers and envelopes bearing your time were found. What about! That? Haven't you a godown al.

Hongkong Road where you store the spare paraphernalia for: the "Wheel? While you were out fon bail by the Mexican Court didn't you go to'36 Szechuen Road and remove a lot of papers from the safes there? Who were the friends you entertained at 151C Bubbling' Well Road? 1 take it that this is, all true and so you refuse to answer. Ts that true?

The answers of "I refuse to one wer by advice of counsel" continued, 80 did the police prosecutor: Tam showing you an order book from Lane Crawford and though the names on the bottom are cut out didn't you sign the orders and then cut your name out? During the month of August here is an order for seven cases of condensed sojlk. What about it? Here are orders for enough cigars and sarettes for a regiment What about them? Aug exer of cigars and 20 tins' of cigarettes, August 6, 12 of cigars, 40 of cigarettes; August 19, 66 boxes cigars. Those were some friends! August 27, 18 boxes of cigars and. def cigarettes and August 31, Your boxes of cigars and 26 of cigarettes."

My. Bryan further:—Didn't you come to China in 1909 after the 'Athambra closed? Weren't you the proprietor of a wheel' known as Mount Pleasant at 24 Honan Road?

Wasn't the business so good you tore he place down and put up one called the Ritz? Isn't it true that the only business you have had in Shanghai is running gambling Places? Weren't all the names the police found at 151C those of your employees who had agreed to ad for you and isn't that just what del Valle is doing now My, Beyan:—It's no pse your Tieneur He won't sayt he won't answer, The cout then ordered Dr.

Ticcher to proceed with the defence you have any witnesses.

(pr. Fischer:—Oh I have many. Now, who is here?

Accused's Transactions in Shares "Victor D. Genetarge: was called nod said that be was a stockbroker in Shanghai and was a member of

He knew Mr. Garcia for 10 years and knew him only as stockbroker.

Witness:—He has done a lot of business through me in everything. and was an original subscriber to. the three dog tracks. As an example of his business in April he bought end sold 5,000 shares of Shanghai's at around Tls. 120 to Tls. 120 involving over one and a half million taels. In one day he bought and sold one quarter of the whole founders shares in the Greyhound Association, He was not lucky in his operations, you couldn't call it that. He went into his operations vers: thoroughly and made a Jot of money. He also made a lot of money in 1925 in_ rubber.

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

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