The Archive · 1929

Nick Char Freed by Chinese

Local Lawyer of Disputed Nationality Liberated 'The imprisonment of Mr. W. (Nick) Char, a well known local lawyer-of disputed nationality, ter= niihited on September 19, when he" was released from custody bby' the' Chfnese' authorities.

The question of his nationality (he'was born in Hawaii of Chinese patents) renidins to be settled and civil action aguinst him may yet be brought by the complainant Zai Shu-shien, who has. alleged that he was severely injured by Char during a fracas on a local baseball disaimond cwt June 4, 1927.

Chinese and American diplomatic officials are discussing Inv. Char's nationality and if it is found that hie is Chinese he may yet be brought up-in the Provisional Court, and, if. Anieriean, inthe U. 8, Court for! China.

'Because of the sensational way in which he was taken into custody' the extra-Settlement authorities, and the various turns the proceed: ings against him have taken, the Char ease has become one of eon: siderable interest, The: Story of the! Case 'The action: dates back over two years when: Char with several others were playing' baseball on the Pioneer Field. The ball was knocked over the fence and a youth playing there attempted to appropriate it. He was chased, the ball recovered, and the Iad's ears ware boxed, Immediately the child appealed to a relative who was: playing football rivals by physical means. Keneral {ree for all fight followed With the odds heavily against Char his: friends. when" Zat_ Shue en, 24, is alleged to have been struck on: the neck with a baseball bat'and suffered'a fractured Jo Ho alleged that Char wielding: the bat and against hi brought court action. - Char. was Drought up in the Provisional Court on an assault charge and was senteheed to three month's Imolsonment, The sentence was never served as hie appealed to the U.S. Consul and the municipal police were instructed release him as ho was American citizen.

According to Chinese law he was Chinese as his parents, though living. in Hawaii, Were Cantonese, Dut according to the American con tention he was a citizen of the United States.

The Release Metinwhile the injured man in the fracas filed an action against him in the Shanghai District Court claiming damages amounting to $78,000 of which $3,000 wore for medical expenses and the rest was for the injury which: he claimed incapacitated him for life. He was then 24 years of age-and he ealculat~ edge would live an: additional 30 years and it was as a compensatory grant for: this: length of time that hie' asked for: $70,000, 'On'July 11, 1929, Char was called by: Me' Hu 'Moh, 'Commissioner of Poreign Affairs, for a conference in: the latter's: office' outside the Settlement limits, and on arrival théte-was arrested and' lodged in Rad:

Ho again appealed to the 'American: Consul and negotiations were opened to determine his nationality. 'The ease languished and Char remained in the custody of the Chinese until September 19, when he' was suddenly released and given full freedom.

He returned to the Settlement and resumed his law practi with his partner, Mr. Hf. D. Rodger, 'A feature of the case was the appeal filed: by Char's father in the Shanghai District Court and di jy with Gen. Chiang Kai-shek Which the elder Char sought the release of his son; coming to Shanghai from: Honoluly: for the purpose.

He stated that he was a member of the supervising committee of the 'Kuomintang in Hawaii and had been, interested in furthering the work of the: party for over'a score of years. THe alleged that his son was an' American citizen and had inten wrongfully arrested by the Commissioner of Foreign Affairs. He stated further that his gon was handling two-eases in the U. S.

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

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