With reference to the arrest of Elleder, Mr. Jacobs said that the police had done the only thing open for them if Elleder was unable to put up security. They had no alternative but to arrest him.
In reply to Dr. Fischer's question whether the Court was satisfied that Mr. Elleder was trying to leave the jurisdiction of the Court, Mr. Jacobs said that the Court was just as satisfied as they had been in many cases in which Dr. Fischer had made requests for immediate security. "In such cases," said the Assessor, "the Court always takes the word of plaintiff or his counsel, as it has taken yours many times. Dr.
Thea Court then explained that, tif Mr. Elleder were deprived of Kis things, it was because of the police station rules, but,"while the matter was very regrettable, is was Mr. Elleder's own fault, because he did not take advantage of his own rights. Mr. Elleder was then asked by the Court if he was responsible for the despatching of the telegram, for if he were, he was liable to conviction for contempt of court and subject to a fine of $300 or three years' imprisonment. However, the Court simply warned him but would take no steps on this occasion.
Dr. Fischer renewed his application, but this was strongly opposed by Mr. Hartigan on the ground that as Elleder was the successor of Patstone & Patstone, he should be responsible for the debts.
Mr, Ivanoff: I discussed this question with Mr. Hsu Yuan. the Commissioner for Foreign Affairs, yesterday and he informed me that, as the Moscow Government was not recognized by the Chinese Government, neither should Mr. Elieder be recognized.
After a short adjournment, the Court gave Dr. Fischer one week in which to file a" motion, which would be set for special hearing, to the effect that his client was not responsible for the debts of the company. In the meantime, de-fondant would be required to deposit his passport with the Registrar of the Court and give his word not to attempt to leave the jurisdiction of the Court.
Text read from the printed page and cleaned; old type leaves the occasional error.