When the case was called, Dr. Fischer stated that since the las hearing many important document Kad com; into his possession with regard to the nationality of his client, Mr. N. E. B, Ezra. ed permission to read certain letters that had passed between Messi Ellis & Hays, local solicitors, and H.B.M. Consulate-General.
Permission being granted by the Bench, course) proceeded to read a series of documents, including affidavit sworn by Mr, Ezra Shanghai and a similar document sworn by a Mr. Hughes at Earl's Court Road, London, in February Inst. Mr. Hughes, counsel explained, had practised law in Shangh {rom 1909, and was present, with Mr, Bara, when the latter formally renounced his British nationality before the late Sir Everard Fraser, at that time H.B.M, Consul-General in Shanghai.
Dr. Fischer said that it seemed him that before the Court could ko much further, the constitution of the Court that would hear the cuse would have to be determined.
jo Mr. Ezra recognized by the Bri-horities as a British sub-
Jeet?" asked counsel. If there was Eny doubt about the matter he suggested that the British authorities should make the first move. If the British authorities maintained that 2 Bz was a British subject, the matter would have to be referred to Peking.
Important Statement by Assessor:
The Assessor—The—_question that has to be decided is the contution of the Court. These let-although they deal with the tion of Ezra's nationality, do not altogether clear up the matter.
The Court has referred to Chinese Government the question whether it recognizes that the Spanish Consul can confer extraterritorial rights on N. E. B. Ezra by registering him in the Spanish Consulate and has been informed that it does not recognize that extraterritorial rights can be conferred.
Tt follows that if Ezra has lost his British nationality he has become a Turkish subject and that any charge brought by him must be heard by the Assessor of the day. Therefore, whether Ezra is British or Turkish, a question Which it is not necessary to decide at present, the Court as at present constituted is the Court which must hear the present charge and We will now proceed with the case.
Dr. Fischer—May I make a few The Assessor—No. We will proceed with the case.
Dr. Fiseher—I wish to enter a Mr. Sellett—Is in Court?
The Assessor—You can ask that. question of his counsel.
The Assessor then proceeded to discuss the case at some length with the Magistrate, after which he pro-ceded to eay:—There is no ques-(ion regarding jurisdiction ther of the complainants. What do you call substantial security, Mr. Sellett?
'Mr. Sellett—In' regard to the! first complainant, I would suggest Tie, 50,000.
The Assessor—Is that all you have to say?
Mr. Sellett—Yes, sir.
The Assessor—With regard to whether or not they can withdraw from "the prosecution, the Magi trate would like to hear what the! police have to say.
Mr. Young reminded the Court that at the last hearing he had made application that the police might be allowed to take over the prose-caution in view of the possibility of a considerable delay being caused by the dispute over Ezra's nationality, As, however, both the complainants were subject to the jurisdiction of the Court—he respectfully reminded the Court that the Court had very wide powers: it could refuse to withdraw the complainants' application, it could ud over the complainants, and, ryoreover, it had every means of enforcing its orders. In view of the development, he had been instruct-on behalf of the police to with-. draw the application he made at the lest hearing and ask the Court to. decide whether there was to be an investigation, respectfully reminding the Court that the complainants had demanded that the prisoner should be put on a heavy security.
Text read from the printed page and cleaned; old type leaves the occasional error.