Court on December 9, Tsao Tuhe yuen, @ chauffeur in the employ of {he International Garage, who was] charged with assisting abduction of Mr. J. Goldstein, a] Russian contractor of 121 Route Vallon, from Yuyuen Road on! November 12, was find $60 Judge Sung for depriving com plainant of his personal liberty.
Judge Song held that the case! was not a duplication of the} Criminal case instituted by the workers engaged on the building, where Mr, Goldstein was working at the time of the kidnapping, against Mr. Goldstein and sai that the case against accused actually a counter-charge of illegal etention, the Judge did not mean the detention of Mr. Goldstein by the Bureau of Public Safety or the Shanghai District Court, where Mr. "Goldstein was subsequently fined $30, 'But, Judge Sung continued, in carrying complainant off in' the ear and keeping him there from, Yoyuen Road to the Public Safety' Bureau, accused had committed an offence against complainant's. personal liberty. Tu such matter as personal rights, the question of] oad extensions' was not at issue Although defendant contended that he Shanghai Municipal Couneit had no right to investigate complninant's conduct, or alleged assault, complainant should _have ven' sent to Bubbling Well Potice Station, For instance, said the Judge it] a man itted_ a crime in Tainan during the Japanese occupy tion, he should be handed over to the Japanese authorities rather than to the Nanking authorities. 3 a man wanted by the Kompo jes were arrested in Shang hho should be taken to. the Jocal authorities and handed over 10 the Kompo authorities, with. the approval of the local courts. This theing the ease, complainant, should ave been handed over' to the Mr. Toon Yu's (counsel for the! defence) application for the return accused's licence, was referred the Trafic Department, S.ALP.
Case of Carl Gunther The application of Garl Gunther, unrecognized German-American, for his conditional release from prison on the ground of ill-health iwas continued in the Shanghai Special District Court on December 13 before Judge Zung. Accused was sentenced to two years' imprisonment in June, last year, for keeping, at his home, 23 Kungping Terrace, 38 pistols, 38 spare magazines and '3,800 rounds of ammunition for the Purpose of sale.
'AL the outset of the hearing, Mr. RS, W. Winter, Assistant Muni cipal Advocate, who appeared for the Commissioner of Police, stated that Gunther was sick and that he Jeould mot stand. Counsel did not [know if the Court would permit him to be seated. The Judge ordered prisoner to remain standing in dock as long as he could.
im answer to the Court, Gunther stated that he was G1 years of age land he was a German. He was suffering from heart disease. His heart palpitated and he had had heart attacks for some time, The doctor }had informed him that he was very }weak in health and that a shock might Kill him, He wished to go to Japan after his release and he did Met expect to return to gaol again. His sentence would expire next May.
The Judge:—Mr. Winter, would accused not serve only one Year and eight months if part of his sentence were remitted?
Mr. Winter:—That is, if he con-[ducted himself in a proper manner [but I have a report from the Gaol Superintendent that his conduct was} indifferent. No doubt, part of his sentence could be remitted.
The Judge mentioned that ac-'s application was for a condi tional release, to which Mr, Winter replied that it was for conditional release on the ground of health. 'The police did not oppose the application. That was to say, if he became well again he served his sentence oF, if he committed any Jother offence, he would also serve the sentence.' The application was made by prisoner and it was for the Police to bring the matter before the Court.
Accused was then examined by the Court doctor who stated that the heart was in very bad order. It stopped one beat in every 23 or 25
Prisoner said he had a wife and two children and he had friends who stand guarantee far foreigner and the He was able The Judge then sai prisoner had been exai Court doctor and he was found to be [suffering from serious heart and in-festine trouble. If his sentence were executed in full, he may not Liv According to the Criminal Pro-Jcedure, accused would be allowed Teave gaol upon furnishing $1,000 Jeash and one substantial shop secur-but his sentence would have to be executed after his recovery.
The bail and security having been furnished, accused was released.
Text read from the printed page and cleaned; old type leaves the occasional error.