Charge Preferred and Date Set for Trial The arraignment of Lawrence D. Kearney in the U. 8, Court for China, charged with conspiracy against the Amerigan Government, involving the purchase and sale of machine guns, bayonets, rifles, cartridges, pistols, revolvers, field-pieces, other arms, ammunition and munitions of war, was heard by Judge C. S. Lob-ingler, last Friday. Mr. L. G. Husar, U. S. District Attorney, prosecuted and Mr. ©. S. Franklin appeared for defendant, who entered a plea of not guilty.
The Government charged that Kearney unlawfully conspired with Admiral Stark, George A. Mayer, Harry Horowitz, Y. T. Foo and other parties whose names are unknown, to trade in contraband merchandise in violation of three treaties existing between the United States of America and China—those of 1844, 1858 and 1903. It was further alleged that defendant conspired to sell to Admiral Tu of Nanking such materials as were bought from Admiral Stark, and that the transfers actually took place.
Mr. Husar declared that he was ready to proceed with the trial on Monday or Tuesday, but Mr. Franklin said that he intended to enter a demurrer and thresh out the law in the meanwhile.
Judge Lobingier—We. do not wish to have any more delay than is necessary and the earlier the date, the better.
Mr. Franklin—Because we must get into touch with the Chinese at, Nanking, and as it is difficult to communicate with men of that rank, if we can at all, it is better to set a late date.
Mr. Husar—We want your Honour to know that the Government is ready to proceed, but were I in opposing counsel's position, I might feel the same. However, before I went north, I informed bim of my intentions. I wish to Yeiterate that I do not tesy, so Wednesday will do.
Judge Lobingier—You gentlemen had better get together on points involved in the demurrer. I will set the trial date for September 25, at 9.30 am.
Mr. Husar—With reference to bail, the Government has no objection to allowing defendant to be released on his own recognizance, for defendant has G.$2,000 on security on another. charge, and I do-not think that he will make any attempt to get away, for he has been here during my absence of the past six or seven weeks. I do not wish to make it unduly hard for him, nor do I wish him to go to gaol again.
Mr. Franklin—T will do my best to prevent that, Mr. Husar—I mean before trial.
Text read from the printed page and cleaned; old type leaves the occasional error.