Evening star., 1921-09-19
Court :2I'' ROW ST|RS
YANKEES IN China
american Attorney Sen
fenced for Contempt in U. S.
Court Starts Legal Probe.
CHARGES AGAINST JUDGE
Information Was Given Out Which
Caused President Harding to
Order Inquiry.
CHARGES AGAINST JUDGE
BY the Associa ted Press.

SHANGHAI, August 19.-Americans
in Shanghai are intensely Interested
IN the case of William F.. Fleming, an
american attorney and head of a law
firm here. who, on July .S, was SEN
fenced by Judge Charles S. Lobingier
of the United States court for China
to serve Il sentence of six months IN
the American prison in Shanghai for
contempt of court.
After having served thirteen days.
his sentence was suspended by Judge
Lobingier, pending Il 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 error.
Mr.. Fleming gave bail to the amount
of $1,000 when released.
Causes Legal Sensation.
The case has developed into SEN
sation in legal circles. largely be-
cause it was upon representations by
Mr.. Fleming that President Harding,
early in August, ordered an investiga-
tion of the United States court in this
city. Besides. Mr.. Fleming is a promi-
nent figure in the financial world of
Shanghai. senior member of one Of
the leading American law firms of the
lar east, anu the case QdS liiNOlNtu d IL
attack by Mr.. Fleming upon the in
tegrity of Judge Lobingier and upon
certain officers of his court.
The case also has brought into pub
lice 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 LobinSier
handed down a 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 a decison of the United
States Supreme Court in the Ross
case, which held that the guarantees
given by the United States Constltu-
lion apply only to citizens and 9TH
ers within the United States. or who
may be brought there for trial Tor al
legged offenses committed elsewhere,
and not to residents or temporary So
journerS abroad
Change of Venue Not Granted.
1t is generally held by attorneys
here also that no change or venue
may be granted in cases brought be-
fore the United States court for China
Mr.. Fleming visited the State De-
partment at Washington in the mid
die 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 war
rant charging him with criminal libel
against Stirling FeSsenden of Shang-
Hal. a member of the law firm of
which Maj Chauncey +. Holcomb.
United States district attorney for
kChirla was formerly a member.
At the preliminary hearing of the
libel charge before a United States
commissioner Mr.. Fleming made
charges against the various court Of
ficiaiS and others. and alleged that
he was the victim of a conspiracy.
Sentenced on Contempt Charge.
Mr.. Fleming repeated these charges
in part when arraigned before Judge
LobinGier in the United States court.
of contempt of court and imposed the
prison sentence. In controversion of
these charges, eight aftidavits 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
un6isposed 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 his worst enemy and argu-
ing that, under American legal pro-
cedure, he could not be tried fairly
on a criminal charge by an enemy.
Judge Lobingier, in committing him
for contempt, did not pass upon Flem-
ings motion for q change of venue.