Dr. Fischer then pointed out that. this was not an announcement of relinquishment of rights, but an ex-ion that Mexico would consider the qu according to the modus vivendi was extraterritoriality actually given Further Dr. Fischer went on to say that gambling was not a heinous crime, it was a vice if one might choose terminology, and many countries licensed gambling houses. For instance the Kuo! tang Government in Canton farmed out gambling privileges to different persons during the past two years who paid $160,000 for the monopoly. per month. Gambling had been reintroduced by pablic referendum itzerland. In Italy, Mussolini, and all would agree that Mussoli was a statesman, counsel added, sanctioned licensed gambling at San Reno.
Counsel continued that accused believed that they were operating under the laws of Mexico, which Permitted gambling, and urged that the police had not made out a case that accused were guilty beyond a reasonable doubt. The object of modern law was not 80, much to punish an offender but to act as a deterrent to others to commit an offence.
Dr. Fischer reserved his privilege of concluding after Mr. Bryan's address, the latter beginning by! saying that most of Dr. Fischer's argument was irrelevant, he having' admitted that Garcia had made money from dog racing and stocks. and bonds—gambling.
Mr. Bryan submitted that the evidence of Major Hood and Mr. Stewart was of great weight. Both had seen gambling on the premises at 151C Bubbling Well Road. He pointed out further that both accused knew that they violated the law, but that they were not aware of the penalties. He did not personally care what punishment the Court inflicted, but he did not believe that a fine and a suspended sentence was adequate. Their sentence must be-one which would act! as a deterrent to potential violaters of gambling codes. Whether their term was a long one or a short tone-was immaterial to him, that was a question for the Court to decide, ang, "the only thing I might. suggest to your Honour is to do what is right, and let your conscience be your guide."
Police and Dog Racing Counsel contended that on the evidence submitted both defendants were guilty as charged, beyond a shadow of a doubt, and they would bbe convicted on this evidence before any judge and before any jury in, the world, His Honour pointed'out that what: Mr. Bryan had just said was exactly contrary to what Dr. Fischer had, argoed, Upon the evidence submitted there would be no conviction bo-fore any judge or any court.
Dr. Fischer in rebuttal, brought attention to Mr. Bryan's' remarks during the trial that the police: had:
interest in this case. How disinterested they were, he added, he had shown a list of police of-tiers who had shares in greyhound. racing, This business would: improve if there were no roulette in Shanghai, and why did not the police prosecute officers and. those in official positions for having visited 151G instead of prosecuting: a positions fischer then read fox in dependent: an onymous letter he had received Feoncerning the raid on May 26, as follows:—"Dear Dr. Fischer, It may interest you to know that in connection with the Wheel case, a certain A.C.P., on the evening before the raid and in the Country Club, personally informed his friends among the elite of the intention of the police, The result was that none of the clite were present on the evening of the raid, is absolute fuct, although the writer is obliged to withhold his name. But it was in the Country Club where the raid was first discussed and later decided upon, then members were privately given the tip—An admirer."
In concluding Dr. Fischer thanked the Court for the attention which it had given to the case and submitted that to a certain extent thig case was a test of the fitness of Chinese Courts to take jurisdiction over foreigners in China, They had the spectacle of an employee of the Municipal Couneil—the executive organ of the Consular Body supposed to uphold foreign rights—applying to a learned Chinese judge for the last nail in the coffin containing the corpse called extraterritoriality. He hoped that in the interests of justice that the Court would know how to use that nail and that all chauid be present at the burial of the dead body.
Text read from the printed page and cleaned; old type leaves the occasional error.