Gambling of some sort or another went on in clubs everywhere in Shanghai, such as poker, mahjongg and roulette. To call this place a gambling house was not within the meaning of the law. "What I call public gambling, "Dr. Fischer asserted, "is gambling at the dog aces where 10,000 coolies are induced to lose their money, not here where. 60 respectable persons assemble at night. The dog races are under British law and the police everything possible to. protect them and to encourage public gambling there, whereas fuss is made about simple gambling which goes fon at the Wheel." Dr. Fischer then went on to state that del Valle did not act in bad faith and that there was no secrecy about his actions. His was a prominent club, located in the centre of Shanghai where motor cars parked every night, refgulated by the police, Many prominent members of the Council had frequented this club which is now called a public gambling den and the Commissioner of Revenues of the Council admitted in open court that he went there to have a little gamble, " Taxes. wer Council, electricity. the Council, water was supplied and telephones were installed, 0 the members of the Council were accom 'When del Valle arrived in Shang. hai, Dr. Fischer continued, he told the' Mexican Consul of his intention to open a club and the correspond. fence between that official and. the Council showed that he acted in good faith and with permission from his Consul. He had received all kinds of prominent. people there, members and employees of the Council, naval and military officers, Judges and consular officials, ete, fand now he found himself arrested find gaoled. 'The correspondence between' the Mexican Consul and the Council made very interesting reading, said Dr. Fischer, for the former' said that, so long as the [Couneit picked on one nation and not another, he refused to take any action, which showed that he permitted del Valle to do what he No Announcement of Change Del Valle did not know that he was under Chinese law and he did not intend to violate it Ie was victim of circumstances. He believed he was still under the laws of his own country. It was not justice to punish him when members of the Council and the Commissioner. of Revenue were free and even, tried to be prosecutors. They were not! the people who had the. right to prosecute. There was never any announcement that Mexican citizens ]were subject to Chinese jurisdiction and this was a point of primary importance in this case. How was del Valle to know he was under Chinese jurisdiction? It was not a lease of ignorance of law. He did fuct admit, said counsel," that he! leon ducted @ public gambling house] with the intention to profit, but thei. maximum sentence under' Mexican Taw was only 30 days and a fine of 500 pesos, which was much less than the minimum penalty under Chinese law. Maybe, said Dr. Fi-soher, the Chinese law' was more modern, but del Valle should be dealt with according to Mexican law. Counsel stressed the fact that del!
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