Shanghai, Nov. 20
Judgment on Rudolph' W. Mayer, who ie charged with defrauding Mr.
Feel Helmendlinger, a Prench citi= zen, was reserved until Friday morn= ing? by Jude Milton J. elinicke In the US. Court yesterday, after both nad the defence had eases. Me, Charles Richardson, Jr, acting District Attorney, is proseeutin the US. Government, while Mr, C. 8. Prank= tin and Mr! Myron Wiener are defending Mayer, All the evidence for the defence sind prosecution tid been completed the previous hearing, ar yester= day's session sum ming up by Mr Richardson and Franklin, The District" Attorney started by antlysinyg the ya rents making up the chao Mayer, these bein, That I ed to My, Helm: tingle that Ie pos essed a bon charter for the Ave Maria that he had paid $320,000 for this ehartee tte lexed to have induced Mr. Heimendinger to pay him $10,000 for a 20 per cent. Interest in the profits made by the operation of the ship. The charka Foey on to say that his representa tions to Mr. Heimendinger were false and that the defendant was. at time in possession of a charter, anc had never paid $20,000 for it." The last clause of the charge alleges that Mayer know that his representations were false, and that he made them wilh the intention of defrauding Mr.
Heimendinger.
Mr. Richardson went on to indicate the connection between these charKes ind the evidence of the various wit= weaves for both the prosecution and the defence He alleged that the charter party shown by Mayer to Mr. Vicimendinger was a direct fernery. and. was therefore invalid. The defendant must-have known that the Continental Company, who granted the charter, were not entitled to do so. "The prasceution thinks," said the District Attorney, "that on August 12 Mayer took the charter to Hei~ mmendinger, mowing that it was a forgery, and that he must have know that. the Continental Company. not entitled to charter the Ave Mui fond that he must have known that had never paid $20,000."
Mr. C. S, Franklin then summed up for the defence, declaring: that it wns necessary for the prosecution 10 establish all five of the elements: men~ Vored: by Mr. Richardson. He based request for acquittal' for Mayer fon the grounds that these elements Tad not been satisfactorily establish by the prosecution. Special. mien Von was made of the clause in the reement between Mayer and Hel~ mendinger which stated that should Mayer be unable to obtain a past for the operation of the s. Ave Maria from the Japanese authorities, Mr. Heimendinger's money should be returned to him. Mr. Franklin, pheslzed that had Mayer been intend= elruze to be Judge Mitten J. Hotmiek stated th ho Wanted a lite time to look ov the exhibits causating of various do= cur nit said that he would enter hhiy decision on Friday morning
Text read from the printed page and cleaned; old type leaves the occasional error.