Failure to Appear at Mixed Court: Application for For-feature of Security The casein which Mr, Hsiung ing, a former Premier of China, was to appear in a judg. ment simmons on Monday before the International Mixed Court, took unexpected and sensational turn when it wss announced to the Court (Messrs, Spiker and Loh) that the defendant had failed to appear.
It will be remembered that the former Premier was arrested as he fighting from @ motor car in Yuenmingyuen Road in front of the Missions Building on the after. noon of June 28. The arrest was made on the complaint of Mr. T. C. White, who claimed that he had obtained in the Mixed Court, some three years ago, a judgment against the Wah Chang Mining & Smelting Ca. of which company Mr. Hsiung is alleged to have been a partner, together with six other Chinese. Mr, Hsiung, after his arrest, was taken to the Mixed Court, where he wa: released on Tis, 10,000 bail.
Mr, F, W, Hadley appeared ye terday for Mr, White while "Dr. Chen and Mr, M. B. Brown appeared for Me. Hsiung Hsiung, Dr. 0, Fischer watched—the proceedings for the Commissioner of Foreign Affairs.
At the outset of the proceedings Dr, Fischer announced that he had been instructed to watch the proceedings for the Commissioner of Foreign Affairs, Inv. Hsu Yuan, Immediately Mr, Hadley asked in what way the Commissioner of Foreign Affairs was interested in the case, whereupon Dr, Fischer id that, according to the rules of procedure, he was not bound to disclose this.
Mr, Brown then asked the per= mission of the Court to explain ax much as he knew about the reason for the defendant not appearing; he said that he had that, morning received a telegram from Nankingy which was evidently delivered to his office on Sunday, stating that Mr. Hsiung had been' summoned to Nanking by the Provincial Governor and asking that the application (denying Jurisdiction of the Court) be filed, Mr. Brown could not say on his own responsibility when the defendant would return' to Shanghai and would leave the matter up to the Court as to what ection should be taker The application, as filed by Mr. Brown read that, "The Honourable Court will be moved on behalf of the defendant, Usiung Hei-ling, who appears under protest. and out submitting to the juris jection, that his name be struck out of the title of the action and that he be dismissed therefrom on the ground that he is not subject to the jurisdiction of the Honourable Court and that he is no: and never was resident nor carried on business in Shanghai, The Court will further be moved on behalf of the said defendant to set aside the order for security made against him on June 28, 1926, or, in alternative, that such' security be reduced to personal bond submitted, and that, in any event, the defendant be permitted to leave Shanghai to attend to official duties."
Mr, Hadley then said that it was clear' that Mr. HTsiung's bond of Tie, 10,000 should be forfeited, Mr. Hsiung had left. the jurisdiction of the Court without the Court's authority and it was the Court's duty, in that ease, to declare the security forfeited. Counsel further said that it was a mark of disrespect and an insult to the Court for the official to leave the Jurisdiction in the circumstances. If he had wished to leave, he should at Toast have notified the Registrar of his intention. would like to know if hiv guarantor is in Court," counsel seid. "He was released' on a bond given by some official, but, _apparently, he is also above the law. I submit that it is the duty of this Court to decide whether or not Hsiung Hsi-ling is above the aut bority of this Court."
At this stage the Court reserved judgment and took an adjournment.
Ow Sunday evening, P, C. Willis arrested a Japanese washerman named T, Matsumoto, Broadway, for being in possession of a Mauser pistol and 100 rounds of ammunition, He has been handed over to the Japanese Consulate.
Text read from the printed page and cleaned; old type leaves the occasional error.