American Sentenced by Judge Lobingier: The Duties of Privileged Foreigners An interesting ruling affecting the extra-territorial responsibilities of Americans in connexion with gambling has been given by his Honour Judge Lobingier. The case was tried at Harbin, and the defendant, Paul Samuel Crawley, was charged with setting up and keeping a house for gaming, and with permitting gaming centrivances on the premises controlled by him.
The premises in question were situated on Vokzalny Prospect, New Town, Harbin, and it was undisputed that gambling had been carried on in parts of the building for a considerable time, and that tthe place was fully equipped for gambling, some of the equipment having been left there by an organization known as the International Club. One Tash, a Russian, had operated a restaur rant on the same premises, and he continued as manager when defendant took over the lease from him. It was alleged that chain de for was played, and that defendant and his manager collected the money from slots under the table. When the house was raided by the police he admitted that the card rooms were "sources of income," though not under his control, his contention being that he was merely conduciing the restaurant.
Upon the facts, however, his Honour found it impossible to believe thai defendant was "merely a disinterested and innocent bystander." It seemed evident to him that the object of the lease was to secure immunity from local police interference which would result from, defendant's nationality. It might be, said his Honour, that defendant was originally unaware of this purpose, but he had time and opportunity to discover it long before he left the premises. Had he terminated his connexion at once and made a showing of previous innocence he would have avoided the consequences of this Prosecution, His Honour did not think the evidence justified a finding that defendant actually "'set up. any gambling table... or gambling device.'' Rather, it showed that thes devices were already on the premises and in use before defendant took over the lease and that the main object of his doing so was to secure the ''protection" of which he spoke. This, however, was the very object which must be prevented. The exemption of Americans from Chinege jurisdiction must niver be used as a-cloak for their lawlessness, or that of others. The prohibition of gambling was not less express and should not be less effective under qumerican than under any other
Text read from the printed page and cleaned; old type leaves the occasional error.