New-York tribune., 1922-05-20
Sennenoff Civil
CaseDis1nissed:
Bail RENTED
Appeals Bench Declares
Chinese Court Judgment
Is Vague and Banditry
Reports Appear Hearsay
Craves's Charge Ignored
Cossack Chief Delighted;
To Take Rest and Then
Seek Hearing in Senate

General Gregory Semenof WAS freed
yesterday by decision of the Appel
late Division from the order Of arrest
under which he was seized IN civil
proceeding.
No. only does the Appellate Div'-
sion's order cancel the $4,000 bail
bond which friends Of the General were
forced to deposit in order to obtain his
release from the Ludlow Street Jail.
where the Ataman of the Cossacks was
detained on the writ of attachment OBJ
tanned by the Youravetta Home and
Foreign Trading Company. but 1t also
has the effect of enabling Semenoff to
90 where he pleases without regard to
the juridiction Of the court in which
the suit was brought originally. Costs
Of $40 were awarded him.
The unanimous opinion OF the court,
written by Justice Laughlin, states that
there is a total lack of competent evl-
oence that the court in China which
rendered a judgment against Semenof
rad jurisdiction of the subject matter
or acquired jurisdiction over the de
fendant or rendered judgment
against the defendant under circum-
stances and by procedure and evidence
such as to entitlc the plaintiff by the
rules Of comfy TO enforce it here.
"But even If the plaintiff showed the
duc recovery of judgment in for
eign Jurisdiction that would not suf-
fee" declares the opinion. at was in
cumbent on the plaintiff to allege aud
show by affidavit either that the judg-
,nent was recovered for the alleged
conversion or else that the defendant
IS about to remove or dispose of his
property with intent to defraud his
creditors
Calls Information Hearsay
All information presented with re
spcct to the seizure Of the property Of
the bankrupt by the defendant, says
Justice Laughlin. and with respect to
its value and the place and circum-
stances relating to the seizure, is not
only hearsay but. for the most part,
secondary hearsay. There is no afhda-
.it. letter or other communication
purporting to have been made. writer
or sent by any one having actual
knowledge with respect to such seizure,
or by whom or by whose order it was
made. continues the justice.
The affidavit submitted by Briga-
American Expeditionary Forces in ST.
IBERIA, which tends to show that the
general was led to believe from reports
that Semenoff was nothing more than
a bandit, and had no respect for life
or property is characterized by the
court as not pertinent to the issue,
since it does not give evidence Of the
alleged seizure but merely attacks the
defendants reputation and character.
The sfRdavits," says the opinion,
tend to show that the defendant was
assuming TO act as military officer Of
high rank, in command of an organ
iacd force of armed men operating in
eastern Russia, Siberia, in the year
1919, and was committing unlawful
acts, including the appropriation or
warranted By the rules of warfare rec
ogniged by civilized countries, but
there is no competent evidence either
of the due recovery Of the judgment
against MIN by the plaintiff or by the
bankrupt, or of the taking of the bank
rupts property by him or by his order.
Facts Held insufficient
Moreover, it is TO be inferred that,
II part at least, defendant and the
troops under his command were oper-
ating under orders from or in connec-
tion with de facto government in that
part Of Russia, and, while it is charged
generally that it was rumored and re-
ported that he had appropriated private
property and the property of the bank
rupt. it does not appear whether in do
ing so he was executing orders of supe-
nor military authorities, and taking
The property for military purposes, or
FOR his own personal use.
THE facts presented are wholly in
sufficient 10 sustain the order OF ARE {
under the second count for conversion. IS
This reversal of the refusal Of Su-