The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1908-01-10
FIRM FOR Whitley
Shanghai Lawyer Defends
Judge from Attack.
SAYS HE LACKS ONLY IN TACT
sterling FeBsenden, Now i'm WASH
Ington. Denies Charges Of MiScoB-
duet On the Part og the Accused
Jurisf-CathoIie Church Antagon-
lied by Quoted Legal Decision.

Judge Wiley, Of The American court at
Shanghai. China, against whom charges
for alleged misconduct in Office have been
filed at the State Department is. In the
opinion of Sterling Fessenden, an at
torney Of Shanghai. China, not guilty OF
the charges brought against him.
"Our firm represents the majority Of
American firms at Shanghai" said Mr..
Fessenden, who is registered at the New
Willard. land they are all of the opinion
that Judge Whitley has tried 10 the best
of his knowledge to discharge the duties
Of his Office. He has probably shown a
lack Of tact at times. but certain cireum-
stances seemed 10 have brought about
much of the trouble that at present is
brewing.
There seems TO be considerable feel
ing between the Protestant and Catholic
missionaries in China. At recent meet
ing of the missionaries Of China, at whose
sessions the various European and other
dignitaries in China presided, considerable
Of the trouble was precipitated. Judge
Wiley presided at one of the meetings
and one of the speakers spoke in censure
about the Catholic missionaries. Judge
Wilaev was not responsible for the faux
pas. ana was extremely sorry it occurred.
Quoted Blackstone.
AT another time he quoted Blackstone
literally in written legal opinion. but
omitted 10 add the quotation marks which
made his opinion look as if it contained
his own views on the matter before him
The quotation used by him was taken III
orally from Blackstone, and spoke in not
very fattering terms Of the Catholic cler-
CIV and church. The Catholic church
people in China and members of the
church took the matter up at once and
claimed that Judge Wiley was using ms
office to the detriment of Catholic inter
ests. You may see from this that Judge
Whitley is entirely innocent Of the charges
brought against him.
He organized the court over which he
presides and has had "a pretty hard time
of il ever since The Boxer troubles at
tracted to China adventures of all kinds
and conditions. After the trouble was
ended this element settled down in Shang-
hal. They included gamblers and other
undesira bles. They contributed consid-
erably 10 lower Chinese respect for Amer
lea, az a great many of these people were
Americans.
Judge Whitley al once realized that in
order 10 safeguard American reputation
In China something must be done al once
He took active steps to have all CUES
tiOnable characters that claimed 10 be
Americans removed from the place. This
also contributed 10 bring Judge Wiley
in disrepute with a certain class Of Amer
leans.
China Likes America.
There is no nation that stands as
high to-day in the esteem of China as
America The Chinese have long since
realized that they acted somewhat has
uly in boycotting American goods.
Secretary Taft's recent visit to China.
and his assurances that the United
States would use every endeavor 20
guard China's integrity, have convinced
the Chinese that America IS a true
friend Of hers. Being a big man ply
sically. the Chinese think that Secre-
tary Taft must be great and big IN all
other ways. and they believe in him
and trust him.
1T IS a great mistake to think that
China is playing into the hands Of ia
pan. The opposite Is the case, China
is most jealousy guarding against en-
croachments on the part Of Japan. In
all my travels in Japan. I failed 10
notice any .waTlike feelings against
the United states. II may be true that
they are not as friendly toward the
United States as the Chinese, but I do
not believe that the Japs want war
with America.
The fact that they are working day
and night in the aTsenals is no proof
that they are preparing against the
United States. They are merely put
ting their nation on a footing Of pre-
paredness. but not agEressiveness.
They have lost considerable during the
last war with Russia, which they must
replace"