The Birmingham age-herald., 1921-09-25
Case Has Developed Into Sen
 sation Because It Was Upon
 Representations By Jailed Lawyer That President Or dered investigation of Court
By Associated Press

Shanghai. September 24.-Ameri- cans in Shanghai are intensely inter ested in the case of William F. Elem ing, an American attorney and head of law firm here, who, on July 2S, was sentenced by Judge Charles S Lobingier of 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 Lobingier, pending a review of the contempt proceedings by the Ninth district United States circuit court of appeals of California, to which the case is being taken on a writ of err TOT MT. Fleming gave bail to the amount of s2,O00 when released.
 The case has developed Into a sen sation in legal circles largely to- cause it was upon representations by MT. Fleming that President Harding, early in August, ordeerd an investi- gation of the United State scourt in this city. Besides, MT. Fleming is a prominent 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 involved an attack by MT. Flem- ing upon the integrity of Judge To- bingier and upon certain officers of his court.
 Courts Unusual Position
 The case also has brought into public 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 Lobin- gier handed down a decision in a capital case to the effect that an American citizen may be tried for his life in that court ana be executed without privilege 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 Stat ss constitution apply only to citizens and others within the United States, or who may be brought there for trial for alleged offenses committed elsewhere, and not to residents or temporary sojourners abroad"
 It is generally held by attorneys here, also, that no change of venue may be granted In cases brought be- fore the United States court for China.
 Criminal Libel Charged
 MT. Fleming visited the state de- partment at Washington in the mid dle of the summer, and, 1t 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 war rant charging him with criminal libel against Stirling Fessenden, of Shanghai. a member of the law firm of which Maj. Chauncey P Holcomb United States district attorney for China, was forme erly 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 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 imposed the prison sentence. In controversion of these charges, eight affidavits have been filed in the court by officials and others accused by Mir. 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 fn progress MT. Fleming offered q motion for change of venue. alleging among other things that the judge of the