The Archive · 1936

U. S. Court for China

A.OF.C. Officers Sentenced

Bringing almost to a close what has! proved to be one of the most sen-Sational trials in a Shangkal court for many years, Judge Milton J. Helmick in the US. Court for China on Satur. day, Feb, 1, found Frank Jay Raven Jand John Warner Brown guilty of seven of silicon charges of embezzlement, fraudulent conversion, false pretences, and larceny by trickery which had been brought against them by the US. District Attorney. The two men were ordered to appear before the court on Monday morning to receive their sentences.

(Of the sixteen charges preferred against the two men, the following were the seven on which they were found gullly by Judge Milton Helmick:

Embezzlement of the proceeds of raft dated December 16,1033, amount. ing 19 "US. $1153, which was given them by Mr. L. C. a. Basset for the Purpose" of buying stocks.

Obtaining the. sum of U.S. $28,000 from Mr. Basset by means of" false Obiaining a further sum of US. $10, 009 from Air. Basset by false pretences.

Emberzlement of the proceeds of draft for $301.00 im local Currency from Me. Edward 'P. Howard.

Embezzlement of $1:22597 (US. $35), bin the proceeds of a draft given them by. Mr. Gordon Yates, "Embezzlement of #51918 (U.S. $212.12), being the proceeds of a cheque given them by ae. C. i. Jones.

Embezzlement {rom Me. Stanley Kirk. land of 25 shares of Socony Wacuun stock, 25 shares of International Tele-Phone Telegraph stock, 25 shares of Packard Motor Car Ca, stock, 12 shares Of General Blectrie stock, 10 shares of Studebaker Corp. stock, we shares of Radio Corp, of America stock, and an fdaitional three-sh the of a abore of the Same stock, the. total" amotint of. the Value of the stock being U.S. $1007.92.

The case. was finally concluded on Friday, and the small court-100% of the U.S. Court for China was crowded to capacity on Saturday morning when Judgment was delivered. Those who filled the court-room expecting some thing of 'a sensational nature were disappointed, og Judge Helmick delivered tis judgment and disposed of 'a motion by Mr. Evans within fifteen minutes.

'With very little preliminary, Judge Helmick delivered his judgment:—"The Government, with meticulous, painstaking, and thorough complete: ness, fas presented both evidence and Jaw' in support of. the Information, From all the evidence, the court Is convinced, beyond a reasonable doubt, fof the guilt of these defendants, The court finds the defendants, Frank Jay Raven and John Warner Brown, guilty in the manner and form as charged in counts 2, 4, 8, 7, 10, 19, and 19 of the Information, "The defendants will be remanded to the custody of the Marshal of this court, who will bring them before the bar of this court to receive sentence on next Monday at 10 o'clock a.m."

"At the conclusion of the judgment, Mr," Evans immediately' rose, and "May it please the court: the defendant, Frank J. Raven, now moves this court In arrest of judgment, on the grounds that the court failed to make findings of fact, in accordance with the request of the defendants."

"The court has decided not to make Andings of fact and law, herein plied Judge Helmick. "Any moti arrest of judgment should be made "You are sentencing me, an, innocent man, to the penitentiary," said Frank J, Raven, his head erect, His throat dry with nervousness, faced. the Judge "on Monday and endeavoured to show cause why the [Court should "not, pass sentence on him, Without making any' comment, Judge Helmick listened to his brief statement, and then ordered him to be taken to MeNell's Island to serve a kent once of five years, J. Warner Brown, whose virtual collapse tower the and of five days of gruelling eross-examination wat one of the features of the trial, had nothing to say, and was sentenced {0 two years' imprison ment in the same penitentiary, They had spent Saturday and Sunday the Ward Road Gaol from where they were brought before the court on Monday to receive their sentences.

The little court-room in the Ame can Consulate proved absolutely infsuMclent to hold the large crowd, which numbered in Its ranks many suffered when the three Raven companies closed their doors, When the doors opened at 8.30 am, a num+ ber of people entered and took their seats, apparently quite willing to walt an hour and a half for the hearing provided they could secure an advan= Togeous position in the court.

As the hour of 10 o'clock approach led, the crowd grow bigger and bigger, overflowing to the corridor outside. Court officials and. press. representa tives practically had to fight their way through in order to enter the court. The crowd, however, drew back and made way 'For the {Wo accused as, in the custody of two foreign sergeants of the Shanghai Municipal Police, they arrived from tke gaol some ten minus teg before the final scene In the trial was enacted. 'This, incidentally, was the' first official appearance of any police ofMecr in the court since the case opened on January 3.

Hitherto, Raven and Brown had sat beside cack other, and the crowd of spectators appeared to attach some signifteance to the fact that as the accused took their seats Mr. Edward L. Faupel, the U.S. Marshal for Cina, sat down' between them. Both men, however, sat outwardly calm and composed. A few minutes before the ease opened, Int, Raven turned to the rss table, situated right at his elbav, ud asked the assembled reponers fake 'a verbatim note of a statement he was going to make to the Cour.

"Tee buzz of conversation died down as the clock on the court-room wa showed that the hour of ten had arrived, and Judge Helmick entered the court'a second or two later. The state of tension in the room grew more and more acute as for several minutes he busied himself amongst the payers on hig desk.

Frank J. Raven," he said. The frst accused stood "up and faced his Judge. "Have you anything to say why the sentence of the Court should not be Pronounced upon you?" ko was 'A sculllling was heard outside corridor us the crowd tried to push fis way Into the room, to be silenced by Raven's opening words, a8 he read froma slip of paper.

"Your Honour," he said, "I was advised by my attorneys, owing to my slate of Eealth, not to take the slond, so T would like {0 make a short statement, if you please. "It will only take a couple of minutes. T have been ecnvieted on the testimony of Mr.

Text read from the printed page and cleaned; old type leaves the occasional error.

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