Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1921-09-19
Criticizes u. S.
Court Judge in
Shanghi, China

Shanghai, Aug. 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 %, was
sentenced by Judge Charles s. Lob
ingier, 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 ID 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
error. Mr.. Fleming gave bail to the
amount of $1,000 when released.
The case has developed into a
sensation in legal circles largely be-
cause it was upon representations by
Mr.. Fleming that President Harding,
early in August, ordered an investi-
cation of the United States court in
this city. Besides, Mr.. 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 Mr. FTem-
ing upon the integrity of Judge Lo-
binger 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.
AS an example of this situation of
the court, attorneys here point out
that some months ago Judge Lo-
blngier 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 privilege of trial by Jury.
1hls ruling was based on a decision
or the United States Supreme Court
In the Ross case which held that the
guarantees given by the United
States Constitution apply only TO
cltizens and others within the United
states or who may be brought there
for trial for alleged offenses commit
cd elsewhere. and not to residents or
temporary sojourners abroad"
II Is generally held by attorneys
mere, also. that no change of 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
Ole Of the summer and, it was under
stood. presented criticisms of the
United States court here which have
not been made public. Soon after
MS return from Washington to
Shanghai in July. he was arrested on
warrant charging him with Grim
lnol libel against Stirling Fessenden.
or Shanghai, u member of the law
nrm Of which Major Chauncey p
Holcomb, United States District At
torney for China, 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
oflcials and others and alleged that
ne was the victim of a conspiracy.
Mr.. Fleming repeated these charges
In part when arraigned before Judge
LobinSier in the United States Court
whereupon the Judge held him guilty
or contempt of court annd imposed
the prison sentence. In controver-
sion of these charges, eight affidavits
nave been filed in the court bv Off
Gals and others accused by Mr..
Fiemlng, all of which deny his
charges against Judge Lobingier and
the others. Meantime the charge of
hpei 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 his worst enemy and ar
guing that. under American legal
procedure. he could not be tried fair
~ on a criminal charge by an enemy
Judge Lobingier, in committing hin,
Tor contempt. did not pass UNION
flemings motion for a change of
venue.