Court-Martials, Death Sentences and Exciting Escapes: What is Russian Law?
There was a further hearing of case of Tui Tai-chen v. C.
Captain of the str. Kalantanaeff in the Mixed Court on Tuesday, before Mr. Whitamore and Magistrate Li. The case is a motion for execution, judgment having been given in default on July 18, 1924, in an action which was heard before Mr. Ivanoff, then Russian Assessor, in regard to claim for coal and provisions of the value of $4,500. Prior to the motion for execution, motion for intervention was also filed by the defendants jon November 11, 1924, Dr. 0. Fischer, on behalf of the defendants, called the attention of the Court to the fact that the case last came up for hearing on April when an order was made for an adjournment for the inspection of documents which were in the Soviet Consulate, proving the str. Ellarado to be the property of the Russian Volunteer Fleet. Counsel also referred to the ruling of the Court on the question of jurisdiction raised by him. Since then there had been further developments before the senior British Assessor (Mr. Martin)
the case of N.E.B. Ezra, which had been referred to the Chinese Government. The question was whether this Court received instruc-tons from the Consular Body or the Chinese Government and if the British Assessor received instruc-tons from the Chinese Government hho wished to make application that the present point of jurisdiction be referred to the Chinese Government.
The Assessor—You are confusing political and judicial issues. The question of Spanish nationality in Mr. Ezra's case was purely a question of extraterritoriality and not jurisdiction. When the Chinese Government refuses extraterritorial lity the Court psi facto takes jurisdiction.
Application to refer the question lof jurisdiction to the Chinese Government was Mr. Joseph Elleder, agent for the Russian Volunteer Fleet, then was called and produced ' documents; claiming ownership of the str. Ellarado.
Ting (for the plaintiff)
certificate is dated July, 18, 1923. That is the only certifi foote you have? To whom did the ship belong before this date?—It belonged to the Russian Volunteer Fleet. so, why did you have the registered in 1923?—These are new papers issued in Vladivostok to replace the documents of the former Government.
Where are the old ones?—They fare not in my possession, 'You know' that on April 1923, the Ellarado ws Vladivostok? Do you know, as matter of Russian Jaw, a ship snnot be registered in its absence What do you mean by Russian (Laughter) Mr, N.A. Ivanoff stated that as knew, according to Russian law, a ship could not be registered in' its absence as before the certificate could be issued the ton-rage would have to be verified. Witness was forced to admit that} he was not familiar with the new Soviet law.
The Assessor—The whole question is whether that certificate was} issued by the Soviet Government. T don't know the old law, I don't know the new, and I don't know if there is any new law, Dr. Fischer—Oh, ye there is, your Honour.
The Assessor—On the evidence before the Court you are entitled to consider yourself the owners.
Dr. Fischer then said that! he had evidence to show that the defendants had cheated the Court in this matter.
Mr. Ting—If anything of that] sort is going to be alleged it should be stated in the regular. manner ina petition.
Dr. Fischer went on to say th hho had evidence to prove that the first defendant had been stopped.
force and prevented from apfaring when the case came before Mr. Ivanoff. He could prove that. Dir. Chuninnin was kept a prisoner fon board the str, Ellarado and that he was court-martialled and sentenced to death, only escaping by jumping overboard. Counsel seid that by a trick they obtained Jedgment in default against the two defendants. The str. Ellarado rever was under the jurisdiction of the Court and she was now at Lunghua, whither she was towed from Woosung. Defendant had been made to' sign a document admitting his case under threat of death. Defendant tried to file another amended document after his escape, which was refused by the Court as judgment had been given in default Mr. Ting said that this ec tional statement of atrocities aly be described as being coloured Dr. Fischer—I am not a Bolshevik.
The Assessor—That is quite an ordinary expression. The whole point is whether the ship is in the jurisdiction of the Court at present. It is merely a question of geography.
Dr. Fischer replied that the ship' was at present near the Arsenal, [where it was guarded by a Chinese gunboat.
The motion before the Court was Gismissed on that the ground that the str, Ellarado was outside the risdietion of the Court.
Text read from the printed page and cleaned; old type leaves the occasional error.