Dr. Fischer denied that, as alleged, a deed for certain property, to the value of $700,000, was made in Octo-ker 1934. Defendants' information was that "the property, which is still in possession of the plaintiffs, was leased by them to the Japanese militity, who are using it for military purposes." The Procuration, incident tally, had never received any rent on the property.
He requested the court to order that a chartered accountant be appointed to examine the plaintiff company's accounts and ascertain whether they had paid out either $700,000 or a part thereof. He further asked the court to request the deposit of two title deeds so thet the court could see if Father Cerezal was the owner of the property and if not—as defendants suggested—how he could mortgage something which was not his. "The whole thing is a bluff, hot air and nothing else!" exclaimed Dr. Fischer.
In his reply, Dr. Sellett said:—'I am not going to present facts to this case, this will have to be done by Mr. Yang. I merely wish to deal ut made- by Counsel for the Augustinian Procuration and I wish to deal with that statement because I am, perhaps, more familiar with the facts than Mr. Yang is.
"In the course of argument this morning, Dr. Fischer stated that the China Realty Ca. turned this property over to the Japanese military and that the China Realty is now receiving compensation from the Japanese military and that the property is being used against the people of China. In what I am going to say, I am going to presume that Dr. Fischer has been instructed to that effect by his client.
"Depraved Mind"
"On behalf of the China Realty Ca, the trustee of the China Realty Ca. I want to say that this statement is one hundred per cent. false. I want to say further that I believe that Dr. Fischer's client knows or has every reason to believe that the statement is false and I want to say that any person, be he priest or otherwise, who misrepresents facts under the circumstances in China today and in Shanghai today, could be guilty of such a statement as that, knowing that it is false, must be possibly of a depraved, diseased, criminal mind.
"He must be wholly lacking in any sense of moral values and before this case is over I think that we will show that that is about the character of the defendants' case which they present here. The China Realty Ca. took possession of that property and such portion as was taken by the Japanese military was taken over the protest of the China Realty Ca."
Mr. Yang then said he would allege that the Augustinian Procuration came to Shanghai not to preach religious doctrine but "to teach people how to evade their just debts" Mr. Yang then proceeded to go into the facts from the plaintiffs' point of view, and then returned to the question of jurisdiction.
Text read from the printed page and cleaned; old type leaves the occasional error.