The Archive · 1928

Proof of Tenancy Wanted

Lam instructed by my client that in the safe there are several personal documents. I desire to produce these documents in Court in order to show that the taxes have been paid by these people, the ease is theirs, and that the house is theirs. I also applied to the Mexican Consul to give the police instructions to open the safe in my Presence and take out such papers as I need this morning. It is a privilege any lawyer is entitled to in the conduct of his care, T under-id that the Mexienn Conwul has instructions in writing to Yesterday afternoon 1 received a letter from the Mexiea:

Consul with reference to my application to open the safe that it is preferable that a officer be present when the opened. Captain Clarke said he could do nothing without Captain Barrett, and that the latter was attending a funeral and would be notified as soon an possible. At five o'clock Captain Barrett had not re: turned and again Captain Clarke said he could do nothing without his instructions. Later Captain Barrett left his office without having given any instructions, and T have no doubt that the Court will grant an adjournment, I would xk you to authorize the police to Permit me to open the safe and take such papers as I wish to put Uefore the Court, the Court to be adjourned until " that time. The police are anxious to find incriminating evidence in the safe and we are willing to open the safe in their presence—I don't want them to open the safe without presence.

The Safe to be Opened Mr, Badeley: Where the person claims extraterritorial rights the Consul must write to the Court direct, and the property should be removed to the police station for convenience. I want to evacuate the premises. Iam not asking for confiscation, A long argument arose as to why. it was necessary to carry away the property, and Dr, Fischer pointed out that as no gambling was in Progress the police might just as well raid Hall & Holtz who stocked gambling apparatus.

The Judge pointed out that i not proved that the tenants Mexicans, and Mr. Badeley replied that "we are not at all. satisfied that the tenants are the real effective tenants."

Dr. Fivchor: 3 The Judge made an order that the paraphernalia be removed to the police station and that the cafe be opened in the presence of Dr. Fischer, the police to give Dr. Fischer notice of the time at which they proposed to open the safe.

Dr. Fischer immediately gave notice of appeal, and stated that the order could' not be executed until the appeal had been heard, The Court ruled otherwise, The Safes Opened The police opened the safes of the "Wheel," ete, on Sunday between 10 am. and 12 noon.

Inquiries made from officials, yesterday, revealed little. It known, however, that a sum of money' was taken from the safe, the exact amount at the moment not being announced and also xrcat number of papers and docu ments.

The paraphernalia and the papers have been removed to police office where they will be held, pending rulings of the Provisional Court and other Courts, possessing trateavitorial rights.

It is understood that none of the proprietors of the place were pres. ent, although it is further under stood that forcible measures were not employed in opening the safes,

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

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