The closing argument of Dr. Fischer, representing Carlos Garcia and P.'G, del Valle, charged with maintaining a gambling establishment and' making gambling a profession, continued at the Provisional Court before Judge John C. H. Wa, on July 19 and occupied the whole session, "Dr, Fischer dwelt at great length on the meagreness of the charge against his clients ay compared to that of pari-mutual betting at the dog racing which he considered be gambling and on several occasions was rebuked by Judge Wu and asked to stick to the charges in the Present case "and perhaps the lice will charge dog racing later and then you can be the defendant's counsel." "There were one or two sharp passages with Mr. Bryan but, on the whole, the hearing was rot marked with the verbal battles that have distinguished the previous earings.
As Dr. Fischer hod started his Hlosing argument at the previous hearing, Judge Wu asked him to be careful'to "stick to the facts and not criticize the laws."
In opening his argument, Dr. Fischer questioned the action of the police in sending two oticers to Bubbling Well Road on the of May 26 to secure evidence inst" the accused "because Mr. Bryan said he had beens a pro-
{icssional gambler, for 15 years andi why could: they not get their evidence before this?" He felt that the police had gone te great lengths ty secure evidence against the accused "but have not succeeded even after they went to the Mexiear. Court as well as this, and I submit that they have not one shred of evidence against my clients but they have attempted to secure rheic evidence in court from my witness He criticized the police hand of the case and said that Garcia hed no connection with—151U. Bubbling Well Road "which was Proved when otic of the witnesses went there and asked for the jarcia's Share Dealings He said that, under Article 207 of the Chinese 'Criminal Code, the police had to prove Garcia was a Erofessional gambler which" they' fwd not done. He quoted the evidence of V. D. Gensberger who bad said that Garcia was a stockbroker and bad done considerable business in shares through hit and W original subscriber to two of the large dog racing tracks Gereia had subscribed to £000 Greyhound acting $10 each and ther had later risen to 90. Likewise he hod subscribed to a considerable number of shares in a similar enter. rise at $100 each ard they rose to ever $850 each. "A man makin 80 much money as Garcia male with his share speculations did not need, risk his liberty by conducting} gambling den and his wealth explains why he maintained such Targe apartment and did so. much entertaining. He had many friends he liked to see them have good time, This explains why Lad two telephones and had so much food and smoking materials, which seemed to worry" the police proseeutor so much. That might also explain why the police proseeuto> gave up his private practice to lie down on the cosy bed and accept the safe salary of the police. "The Municipal Council could have offered ten times the salary Mr. Bryan gets and T would not accept it"
Judge Wu intervened to ark Dr. Fischer to stick to the charges in the case and not "get personal." Dr. Fischer explained that the entertaining of Gareie was his hobby and did not necessarily mean ho was a gambler, The Best Blements Only "The court is under the impression that 151¢ was a simple gambling den. Such was not the cass. it was merely a social club-run ithout 2 Municipal—Council Ticence where simple gambling was going on and the best elements of Shanghai went there frequently.
vt not necessarily to gamble. The only charge against del Valle coul.! be running a club without a liceness, the police had provided you witl the list of the names taken on famous night, you would hare! Prominent people 'This place, as a witness testified, was the evening necting place of the Shanghai Sharebrokers Association, thi evening exchange.'
Dr. Fischer said that he had cther witnesses who could testify on behalf of the defence "but would not call them and expose them to the insults of the prosecuter." He commented on eross-examination as ° practised under Chinese law and said that it was a great abuse in law when in the hand of an unscrupulous lawyer. "T myself have made people ery in the witness box."
Judge Wa:—Then criminating yourself scrupulous lawyer.
Text read from the printed page and cleaned; old type leaves the occasional error.