The Bridgeport times and evening farmer., 1921-09-22
AMERICAN
 LAWYER IS
 SENT TO JAIL

Shanghai, Sept 21s-Americans in Shanghai are intensely interested in the case of William F. Fleming, an American attorney and head of law firm here, who, on July 2S, was sen fenced by Judge Charles $. Lobingier, fo the United States Court for China to serve a sentence of six months in the American prison in Shanghai for contempt of court.
 After having served Is days his sentence was suspended by Judge Lo- tempt proceedings by the Ninth Dis trict United States Circuit Court of Appeals of California to which the case is being taken on g. writ of error MT. Fleming gave bail to the amount of $2,O00 when released.
 The case has developed into a sen sation in legal circles largely because it was upon representations by Mir Fleming that President Harding early in August. ordered an investiga- tion of the United States court in this city. Besides, MT. Fleming is prom inent figure in the financial world of Shanghai, senior member of one of the leading American law firms of the Far East and the case has in volved an attack by MT. Fleming upon the integrity of Judge Lobinger and upon certain officers of his court
 The case also has brought into public notice the unusual position in which the United States Court for China functions under existing laws
 
 court, attorneys here point out that some months ago Judge Lobingier handed down a decision in a capital case to the effect that an American citizen may be tried for his life in that court and be executed without priv ilege of trial by jury. This ruling was based on a decision of the United States Supreme court in the Ross case which held that the guarantees given by the United States Constitution "ap- ply only to citizens and others within the United States or who may be brought there for trial for alleged not to residents or temporary sojour- ners abroad
 It is generally held by attorneys here, also, that no change of venue fore the United States Court for China.
 MT. Fleming visited the State De- partment at Washington in the middle Of the summer and, it was under stood, presented criticisms of the Unit ed States court here which have not been made public Soon after his re- turn from Washington to Shanghai in July. he was arrested on a warrant charging him with criminal libel against Stirling Fessenden, of Shang hai a 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 a United States commissioner. MT. Fleming made charges against the various court of ficials and others and alleged that he was the victim of a conspiracy.
 MT. Fleming repeated these charges in part when arraigned before Judge Lobingier in the United States Court, whereupon the Judge held him guilty of contempt of court and i'm posed the prison sentence. In con troversion of these charges, eight affi- davits have been filed in the court by officials and others accused by MT. 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, MT. Fleming offered a motion for change of venue, alleging among other things that the judge of the court was his worst t enemy and arguing that, under American legal procedure, he could not be tried fairly on a crim- inal charge by an enemy. Judge Lo- bingier, in committing him for con tempt did not pass upon Flemings motion for a change of venue.