Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1921-09-19
INTEREST SHOWN IN
US, COURT ACTION:
FAR EAST WATCHES
U. S. Attorney in China Claims
Judge Was His s'W0rst
Enemy

SndQSQdl, Sept. Aos-NoJ AAo 0soO@
ciated Press) American in Shanghai
are intensely interested in the case Of
William F. Fleming, an American at
torney and head Of q. law firm here,
who, on July %, was sentenced by
Judge Charles s. Lobingier. Of the
United States court for China to serve
a sentence Of sir months in the Amer
lean prison in Shanghai for contempt
of court
After having served 13 days his sen
tence was suspended by Judge Lobin-
gier pending a review Of the contempt
proceedings by the Ninth District Unit
ed States Court of Appeals of Califor-
mia, to which the case is being taken on
a writ of error. Mr.. Fleming gave bail
In the amount of $1,000 when released.
The case has developed into q sensa-
ton in legal circles largely because it
was upon representations by Mr.. Elem
ing that President Harding, early in
August, ordered an investigation Of the
United States court in this city. Be-
sides, Mr.. Fleming is a prominent fig
ure in the financial world of Shanghai,
senior member of the one the leading
American law firms in the far east, and
the case has involved an attack by Mr..
Fleming upon the integrity of Judge
Lobingier and upon certain officers OF
his court.
Courts Functionlng Shown.
The case also has brought into pub
lie notice the unusual position in which
the United States Court for China
functions under existing laws. As an
example of this situation of the court,
attorneys here point out that some
months ago Judge Lobingier handed
down decision in capital case to
the effect that an American citizen
may be tried for his life in that court
and be executed without privilege of
trial by jury. This ruling was based
on decision of the United States SUI
preme court in the Ross case which
held that the guarantees given by the
United States constitution apply only
to citizens and others within the Unit
ed States or who may be brought
there for trial for alleged offenses
committed elsewhere, and not to resi-
dents or temporary adjourners abroad
1t in generally held by attorneys
here, also, that no change of venue be
granted in cases brought before the
United States court for China.
Mr.. Fleming visited the state de-
partment at Washington in the middle
of the summer, and, it was under
stood, presented criticisms of the
United States court here which have
not been made public. Soon after his
return from Washington to Shanghai
in July. he was arrested on a warrant
charging him with criminal libel
against Stirling Fessenden, of Shan
ghai, member of the law firm of
which Major Chauncey p. Holcomb,
United States district attorney for
China. was formerly a member.
At the preliminary hearing Of the
libel charge before United States
commissioner, Mr.. Fleming made
charges against the various court offic-
ials and others and alleged that he was
the victim of conspiracy.
in part when arraigned before Judge
Lobingier in the United States court,
whereupon the Judge held him guilty
of contempt of court and imposed the
prison sentence. In controversion of
these charges, eight affidavits have
been filed in the court by officials and
others accused by Mr.. Fleming, all of
which deny his charges against Judge
Lobingier and the others.
Meantime the charge of libel remains
undisposed Of.
While the hearing was in progress,
Mr.. Fleming offered a motion for
change of venue. alleging among other
things that the judge of the court was
under American legal procedure, he
could not be tried fairly on criminal
charge by an enemy. Judge Lobingier.
In committing him for contemept. did
not pass upon Fleming's motion for a
change of venue.