(Falls to appear, ball forfeited)
Shanghai, Dec, 5.
the face of evidence that he had escaped from the Oklahoma State Penitentiary, where he was serving a 25-year sentence for robbery, E. T. "Jack" Riley failed to appear before Judge Milton J. Helmick in the U.S. Court for China yesterday afternoon, after an adjourned hearing in the morning, thereby forfeiting the uniecedented ball of U.S.$25,000.
"His action speaks for itself," Mr. Charles Richardson, Jr., Special Assistant District Attorney, told the north-China Daily News" yesterday afternoon, "and 1 had anticipated it once this evidence came out. Although this is the biggest bail we have ever had in the US. Court here, 1 thought it should have deen larger. Riley has lots of money, and if he is now in Hongkew we will be unable to touch him, since one could remain in hiding there for years, He could a Passport, and escape in Tu the course of yesterday's heat~ ing, Mr, Richardson produced radio. rams from the Federal Bureau of Investigation in Washington, showing that Riley, who had many aliases, had fed in 1923 of robbery, and sent to the Oklahoma State Penitentiary to serve a 25-year sentence. In 1925, however, Riley, succeeded in escaping from the prison, the message continued.
"Riley was facing a life sentence if he went back on this charge alone," declared Me. Richardson.
Mr. Richardson was. secking to prove yesterday that Riley is an American citizen, and therefore liable {to sentence on 16 charges of operat-gambling. devices, contrary to American lave. In a previous hear~ ing the éofendant had pleaded guilty {to these charges on condition that the prosecution proved that he was an American subject, and consequently lurider the jurisdiction of the Ameri jean Court The District Attorney opened the heating with a resume of the case as it proceed so far, pointing out that Riley was charged with engaging in [commercial gambling, contrary to the statutes of the District of Columbia. fend that when arraigned on September 21 the defendant had pleaded not guilty. Later "he posted bail of U.S.$25000, and was finger printed fand photographed. These identifieaion marks were sent to Washington the Federal Bureau of Invesitgation, On October 25, continued Mr. Richardson, Riley pleaded guilty if it could be proved that the U.S. Court had jurisdiction over him.
"The ease is unique," he said, that the defendant has not indicated whether he is an American citizen oF of. Tle has stood mute, thereby giv ting! the government the burden of Proving, his citizenship.
Mr. Richardson then gave some of the aliases which Riley' is alleged to have used, among them being *Jack" Riley. Fahnley Albert Becker, Johnny Becker, and John Fahnley Becker.
The first witness called by the prosecution was Mr. H.-C. Barnum, who I that he was formerly in the avy, serving in China on the time, declared witness, he war inted with the defendant, who He twas using the name of Becker that time.
The District Attorney then read a letter from the Consul-General in Shanghai stating that Riley has never been registered as a Chilean citizen, although he was at tone time in possession of a Chilean passport issued at Kobe. This passport had since been declared invalid.
Mr. Z. P. Koo, office manager of the Crown Life Insurance Company it Shanghai, stated that he knew defendant, who! had applied for life Insurance at hic company. A copy of {this application was produced In court, Riving the date of birth of the defendant as 1298, and the place of birth San Francisco. The "witness Identised Riley's signature.
Certified copies of applications by Riley for registration and passports at the American Consulate were then Tead out to the Court. The first was Jan aMdavit signed by Riley to the effect that he had lost his birth certi-fate in Sap Francisco" during the earthquake there in 1008, Another such amdavit signed by Riley said solemnly swear that Tam an Ameri-an citizen, and was born in San Francisco." "This statement was made in 1880. On January 16, 1935, Riley Jagain applied for registration at the American Consulate.
'A number of radiograms from the Federal Bureau of Investigation at Washington were then produced by, Mr. Richardson. These radiogram were received, it was explained, in answer to enquiries "made from 'Shanghai about' Riley's record. in America, Mr. Werner, the defendant's counsel, objected to the reading of these telegrams on the grounds that they were not proper evidence, the District Attorney replying that the telegrams only referred to documentlary evidence, which is being sent here from America, The frst telegram acknowledged receipt. of Riley's fingerprints and photograph. The second stated that they "had been checked, and that, Riley was sentenced to 25 years in the Oklahoma State Penitentiary on charges of conjoint robbery on May 23, 1923. On May 10, 1925, he sucfeeeded in escaping from the prison. In 1921 he received an honourable discharge from the U.S, Navy. He was totooed on the left arm in red, blue and green. On the right arm had a woman totooed, and there were numerous other totooes all over his body.
The third radiogram stated that it was understood that he won the Manhattan Bar in Shanghai in 1924 by gambling. Another report. from Washington stated that "G-Men" had interviewed Riley's mother, who had testified under oath that he was born jon September 22, 1896, near Colorado, hhis father's name being Becker, At the age of seven he was adopted family named Riley. The hearing was then adjourned by Judge Helmick until 2 o'clock, At 2 o'clock there was no sign of Riley in the court, and after half an urs wait Judge Helmick entered, Where is the defendant?" he asked Mr. Werner. On being told that all efforts to find him during the timm recess had failed the Judge instructed the Clerk of the Court to call the defendant. This was done three time and the bail of $25,000 was thereupon forfeited,
Text read from the printed page and cleaned; old type leaves the occasional error.