Connsel:—Can you give me the ames of persons who gambled there?—I decline to give any "Counsel:—It is an easy matter! to ket in, did you ever try to go in?—I distinctly deny that I ever} pared to say.
His Honour:—Do you. know of any persons who did gamble there?
know, bat they have refused {Yo give me their names, and they have refused to appear in Court, THis Honour:—Do you know how the general: public got. in?—There was a check on them at the door, believe.
The Court:—A. sort of shroffing, The Court:—Do you know who owns the property?—The. Spanish fathers.
The Court:—What nationality Spanish, T presume (laughter).
"The Court:——When you raided the premises, did you show Alvarez the warrant?—No, he asked if T had authority. 1 said yes, and when he failed to produce the keys, 1 old him that T would break la the door—and T did Mr. Rodger:—When you entered, id you think the plage was a ree taurant?—No, I should never mis-fake it for a restaurant, Mr. Rodger:—And there wore] tables, tables for gambling?—Yes, 'A number of tables, all one had was to insert the wheel on the join on the table, and one could oxin scambling any afternoon.
Mr." Rodger:—Very simple? Yer, just put on the wheel, and of you' go.
The Question of Initials Mr, Rodger:—Do you know if the various consuls in Shanghai were Cireulatized? mean, were they tasked if any of their nationals wore connected with the premises in question?—Yes, they all denied that their nationals "were eon-cerned with the place, 30. in_ the course of events, and acting under instructions, T applied for a, Mixed Court warrant.
Counsel:—If you knew that. any person represented by his consul in Shanghai had leased the premises, what would you have done?—I would have applied to that authority for the necessary papers.
Witness. then went on to explain that, unwittingly he had. replied in the negative toa question put. by Dr. Fischer previously, and said that the had consulted the Mexican Consul, "There appeared to be some doubt in the statement he had. forwarded to the Consul, some doubt as to the correctness of the name of allered owner of the promises, rather his initials. Tt seemed, ae-cording to witness, that he, at that time, thought whereas: the initials were reality they) t:—You discussed the Snitiale and name with mo at the time?—Yes, but T don't remember the details.
Mr, Rodyer—That is all.
Dr. Fischer:—But that's' not all 'x far as I am concerned. Br. Clarke, you could not obtain a Mexican Consular warrant, because the time was incorrect?—There was some doubt about it, whether the initials wore "EL" of "J."
Dr. Fischer:—Then you did "not! rerfurm your duty, but rushed to the Mixed Court and obtained a warrant by tick? Mr, Rodger:—1 object.
Mr, Clarke:—1_ tri to find out {the rear initials, but in the meantime Thad received instructions secure a warrant from the Provis-Sonal Court, The Court's Agreement Dr. Fischer:—When did you apply for the warrant The Court:—Dr. Fischer, 1 might as well tell your that I agreed to the Court issuing that warrant.
Dr. Fiseher:—With all due repect to your Honour, I must say] that the procedure was wrong, and necessary, I will apply to the:
Mexican Government for the righting of a wrong done to a citizen protected by the Constitution of Mexico, The Court (to the stenographer):
wish to put it in the record that Tdid agree to the Provisional Court issuing that warrant, Mr. Rodger:—Mr. Clarke, do you! know that the Senior Consul inquired from all consuls to ascertain the nationality of the person or persons who conducted the 'SWheels?" And, further, that all consuls agreed that the police ity, a search warrant, from the Provisional Catirt?—The warrant was} obtained from the Provisional Court} after the Senior Consul had obtain-the assurance of all other conals that none of their nationals ere concerned with the "Wheel."
Potice Constable J. E. Raffacti then gave evidence. "He told the Court that he saw $0 to 100 persons gambling there on one occasion during the first week in Marck. He obtained entry with friends, who said that he was "O.K." He saw] the name plate, "J. J. Alvarez" on two doors, but he could not identify} accused. He did not pay for food or drinks, although he had a brandy] and ginger ale and some sandwiches, We saw oont $2,200 change hands within 20 minutes.
Mr. Rodger then informed the! Gourt that the prosecution rested if] Dr. Fischer would admit that accused owned and operated the premises. This Dr, Fischer admitted.
Mr. Rodger:—Thon I suppose that your defence will be, that} public gambling was not curried on, Dr. Fischer:—That will be one of them.
Counsel for the defence also asked that he should be provided with copies of all documents, including the lease, and that then he would bbe willing to proceed. The Court instructed the police to provide these and the trial was adjourned until Monday at 9.30 a.m.
Text read from the printed page and cleaned; old type leaves the occasional error.