Major Holcomb observed. that he id not think that Dr. Fischer could recover for six or seven days, If the case were proceeded with in Dr.
her's absence, accused woold Judge. Tseng:—According to the Chinese laws, there is no provision ju the Criminal Procedure that adjournment may be granted through the non-appearance of the chief counsel or a defending lawyer.
Major Holcomb replied that he understood that adjournments were [granted in the event of the illness fof accused. An adjournment would work no bardship on the Court if accused insisted on having their counsel present, CounseLsuerested fan adjournment of ten days. This would. give Dr.~Fischer a chance to recover and an opportunity. to his associates. to. make a more.careful stady. of the case.
Judge Tseng:—We wish to find out the facts of the case -and, according to procedure,_the. Court! will question accused. There is no ged for counsel to question. them. T'think if we. set: the case -for Monday, it will give accused's twp lawyers -a chance to see accused and, prepare their ease. If Di. Fischer is: well: enough to appear mission to sit down whilst. making his arguments, An adjournment until. Monday' will be granted for convenience sake, not as a matter of law because there is no provision {for this in the Chinese laws. We fare as anxious as you to ste that accused's interests are protected and. not injured.
Major Holeomb:—Then the Court ejects my application?
Judge Tseng:—On what grounds do you make it?
Counsel said that defendants did not wish to go on. with the ease the absence of their chief counsel and Dr. Fischer was unable appear. Dr. Fischer had not gen able to call on them for 48 hours previously and he (Major Holcomb) had not seen either of. the accused for ten days. "Defendants were entitled to see. their /lawyer prior to an appeal. Dr. Fischer had Fhandled most of the: case and he (Major Holeomb) had: little to do with it. If he knew that. Dr. Fischer was going to. be sick, he would have done more in the matter but he did not do so because: he was not so instructed. Dr, Wilhelm was not counsel for accused, though the Court had stated: that. there were two counsel appearing. He had come to court as Dr. Fischer's partner to explain his absence,
Text read from the printed page and cleaned; old type leaves the occasional error.