The Archive · 1925

The Agitation Dept

My, Maitland in reply to Dr

her's argument raid that the ave: ments refering to events in Shang-Thai were not of much importance Jas they had nething very stions to the certitient mittee autho sons "privately to open war." Ace cused was charged not with opening war but with ni tempting to make Preparations. This was shown his going to) Hoazkongs preparation undoabeedly strikes.

Dr, Fiscker—That is not before the Court.

As regards the application for the expulsion of the accused, Mr, Maitland went on to fay that no aris ment was necessary. Persons with this certificate on them at the sent time must be under orders a foreign srovernment to organize wax nothing in th ion to show that the document was a forgery Dr. Fischer said that if he was not over-ruled he would show that the document was a forgery. He would show where the chop on it was made.

Mr. Maitland said that how, any body ootid forge such 'a doctiment in the time h did not know.

Dr. Fischer—No—Not yet 'The Cour: then retired into' chan bers to discuss the Dr. Fischer for the dismissal of the When the hearing was ree jthe Magistrate said that 20 fi cording to the evidence produced [by the police there was nothing to disprove the charge under article 221. the Assessor said that he was in-Jelined to agree with Dr. Fisch argument very largely though not altogether, The May Peking which widened dhe scap of article 221 in his opinion and Mth Assessor) agreed on this po Tt was necessary to hear ree des fence under that article Dr. Fischer asked if the cate was being used as evi ths extracts from the Chinese ne papers. d' The Mreistrate ra Uthat the charge as on the basis of the silk Dr, Fischer argued that the pro secution had based this document on the charge under article 127 whic had been added after the document. had been found. He did not see how they could take this deewnent and shift it to article 221. The new charge which had been framed now dismissed.

The Magistrate said that article 221 still applied and the police still had the right to search for all the available evidence to prove the charge.

The Court did not cay whether the document was valid or not. Defendant still had the right to prove it.

Dr. Fischer then renewed his former-application that the ease should be, remanded saying: that hie con-{tention would be that the document

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

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