The mysterious foreigner, who had steadfastly refused to divulge his name Jand nationality since his arrest several weeks ago on suspicion of being concerned in Communist activities, on Saturday, when he made his seventh appearance before the Second Branch Kiangsu High Court, gave his name as Joseph Walden and claimed that as he failed to produce any docu. mentary. evidence to support his claim, the Court, at the request of Police, ordered 'a further adjournment.
"The man told his name only after his request for the retention of Bf. Paul Premet, a French lawyer, 35 his attorney without mentioning' his name in the power-of-attorney, was Fejected by the Court. It was pointed out that, because the Chinese Criminal Proceduire did not contain a provision that the prisoner should give his name when he signed the power-of-atter. ney, the Civil Procedure would apply, fand under this he must give his name.
'The prisoner then gave his name and said he was born on December: 6, 1805, at Hurlus, in Marne, France. Before' yielding t0 the Court's order, he read a written statement in English which he had prepared. This statement was—jot am a foreigner and tried by an extraordinary Court in China, However, I am confident that this court will apply to me the law and nothing else but the law. I have been ar~ rested a Jong time ago and so far no charge has been placed against me. Tne Police even do not know me. At the last hearing, I requested the Court to allow Atiorney Paul Prem to take charge of my defence. This attorney has agreed to defend me, Paul Premet has filed with this Court. a power of attorney I am gamed in this power the Unknown "Now the Court says that this power is not in order, because it does not say my name, age, and nationality. Then, the question is to know if the fact that I'do not give my name, age, and nationality should deprive me of the right to have a lawyer.
Any arrested mar in any civilized country, a sacred right, and even the pri initive or savage tribes of the old age have always recognized the right of fany accused to be defended. Why should T have to for nationality when nothing in the law can force an accused to give such particulars?
"tu the power of attorney I named the Unknown Foreigner,; that is to say, exactly the same name under which the police has brought me to this Court, If this name. 1s ood enough and' sufcient for the Drosecution, it must be good for the defence. Are there some provisions in the Chinese Criminal Code imposing penalty on a man for refusing to give his name? It is the task of those who have arrested me to find out my. shame, age, and nationality. And they ' should have ascertained and nationality before a ye, How can Police arrest a name is unknown T agree that the Police can when they witness the mi ommiting the crime, But ths is not the Aiter the prisoner had claimed that he was a French citizen Mr. Paul Y. Ru, Assistant Municipal Advocate, who appeared on behalf of the Police, pointed out that the Police had no knowledge at frst that the man was Frenchman, but were of the belief that he was a Russian. He asked for a further remand for investigation Mr, 'M. G. Tsang, legal adviser to the Chinese military" authorities, stated that, at the time of his arres the prisoner was found in possession eral passports, some of which Jcopnize him as a French citizen. If the prisoner really was a French citizen, this Court would have jurisdiction over him, but the prisoner apparently had tried to evade his res~ Donsibility. He should first of all produce his passport to prove his Rationality. This was of great import ance.
'The prisoner declared that why the French Consulate. General had' not recognized him as a French citizen wag because he was not registered of that Consulate, He said the Police had no evidence that he was a Russ sian and it was malicious to call him such, He asked the Court to investigate his nationality.
Premet said the fact that the accused had no passport did not mean nota French citizen. information had, caused foreigners arrest, would sity, that the prisoner was of German natlonal-
"before ordering a further adjourn-mani the Court tead an offal des-batch from the Hupeh Provincial igh Sour applying for. he mans. extradition to that teibunel for ila, Mr. Mu said the Police fad no' obe ection to the application if the Court, ter making investigations, found out that the man was under Chinese jurisdiction.
Text read from the printed page and cleaned; old type leaves the occasional error.