Points from the judgment were The informations in both of these cases charge a conspiracy to import arms into China in violation of treaties with the United States. With one except-jon those charged as co-conspirators with defendant are different in each case but the defence in each is the same, defendant seeking to bring himself within the giause which excepts importation "at the requisition of the Chinese Government, or for sale to Chinese duly authorized to purchase them."
With regard to the letter from Admiral Tu to the U. 8. Consul ut Nanking in which the former assumes responsibility in connexion with the arms and munitions in Admiral Stark's vessels at Woosung, the Judge said:
According to the letter, moreover, defendant's part in the affair was that of a "temporary adviser to the Admiralty." He was employed "'to assist" in a transaction initiated by the Chinese authorities and could not, therefore, be convicted of conspiracy in so doing, for it was 2 permissible act and conspiracy is an offence only when its purpose is to commit some other offence, The manner in which. defendant rendered such assistance becomes therefore immaterial. So long as the transaction itself was not prohibited it matters not whether dofendant's part therein was performed openly or secretly, or whether his conduct was consistent or equivocal:
THE GENSAN DEAL, In Cause No, 2317, where a conspiracy to import arms and munitions into. China seems fully proved, by undisputed evidence, there is no such assumption of responsibility by any Chinese. On the contrary the principal ove with whom, it is charged, a contract of sale of these contraband articles was effected, expressly' denies any connexion therewith. In a letter which defendant consented to receive in evidence with equal probatory
Text read from the printed page and cleaned; old type leaves the occasional error.