SECTION XIV

53. _The Adventures of a South American Physician._

In 1905 the President of a South American Republic visited London with

the intention of undergoing an operation by a famous surgeon. He was

accompanied, among others, by Doctor Alcorta, his physician-in-ordinary,

who was watching the case. After dining with friends one evening at a

well-known restaurant, during which he drank very freely of wine and

liqueurs, Doctor Alcorta proceeded to the Empire Theatre. He at first

listened quietly, but, being displeased by the song of one of the

performers, he became noisy, had to be removed, and on proving violent

was handed over to the police. Next morning he was brought up before a

magistrate on the charge of having been drunk and disorderly.

54. _Extradition of a British Subject._

The following is a cutting from the police court reports of a daily

paper:

"At Bow-street, Julius Kuhliger, _alias_ Nollier, 35, of Field-road,

Forest-gate, was again brought up before Sir A. de Rutzen for

extradition on the charge of obtaining money by false pretences in

Belgium. Mr H. Lewis defended. In consequence of certain complaints

Detective-sergeant Brogden kept observation upon a newsagent's shop in

Shoreditch, and on the 2nd inst. he saw the prisoner call there and

receive several letters. He followed the prisoner and saw him examine

the contents, and then arrested him. The letters were found to contain

four money orders of the total value of L6. 7_s._ 1_d._, and the

prisoner was brought up at the Old-street Police-court and charged with

being in the unlawful possession of them. It was afterwards discovered

that the orders were the proceeds of an alleged swindle in Belgium

which had been carried on from this country, and the original charge

was abandoned in favour of the extradition proceedings.

Detective-sergeant Brogden now gave evidence that the prisoner claimed

to be a British subject, alleging that his mother was English, though

his father was a Swiss. Since his arrest he had made a statement to the

effect that about three months ago, finding himself in financial

difficulties, he thought he would embark upon a system of fraud. He

advertised in the German newspapers, he continued, stating that an

English lady wished to send her two daughters to Germany for the

purpose of learning the language of the country. Several persons

replied offering to take the children, and he wrote to each of them

accepting their offer, and stating that the luggage had already been

sent on. He followed this by another letter purporting to come from a

firm of railway carriers, saying that they had been instructed to

forward certain trunks, and would do so on the receipt of their fees in

advance. He arranged for the replies to these letters to be sent to

five or six different newsagents' shops in various parts of London, and

each place brought him in an average of about L10. The prisoner, on

oath, now said that he was a British subject, and Mr Lewis asked the

magistrate to say that this was not a case in which he ought to

surrender the prisoner to a foreign Power. The magistrate said that

with regard to the point raised as to the accused's being a British

subject, the article in the Treaty with Belgium dealing with that

matter said that 'in no case or on any consideration whatever shall the

high contracting parties be bound to surrender their own subjects

whether by birth or naturalization.' It had been held that such

provision implied that the high contracting parties might surrender

their own subjects, and that such surrender must be left to the

discretion of the Secretary of State. He ordered the prisoner to be

committed for extradition, and it would be for the Home Secretary to

decide whether it was a case in which he ought not to sanction the

surrender."

55. _The Case of the "Oldhamia."_

The following appeared in the _Times_ of Dec. 14th, 1908, dated St

Petersburg, Dec. 13th:

"The Admiralty Appeal Court yesterday confirmed the judgment of the

Libau Prize Court justifying the capture and destruction of the British

steamer _Oldhamia_, bound fur Hong-kong with American oil. She was

taken by the cruiser _Oleg_ of Admiral Rozhdestvensky's fleet off

Formosa on the night of May 18, 1905, and a fortnight later, while

proceeding to Vladivostok, struck on the Kurile reef and was burned by

the prize crew to prevent her from falling into the hands of the

Japanese. The Court disallowed a claim for damages by the captain and

crew for the loss of their personal effects on the formal grounds that

the claim had not been presented at the first hearing of the case. It

allowed a claim of the Standard Oil Company to recover the cost of 200

empty kerosene cases. It confirmed the Libau verdict disallowing the

claims of the Manchester and Salford Company, the owners of the vessel,

for L61,580, and those of the Standard Oil Company for cargo consisting

of 149,462 cases of kerosene, valued at $123,134 (L24,627).

"The circumstances of the capture were fully detailed at the trial

before the Libau Prize Court on June 12, 1907. The arguments presented

by Mr. Berlin, counsel for the plaintiffs, and the law officers of the

Crown, bore first upon the _prima facie_ evidence of the _Oldhamia's_

destination and cargo, and secondly, on the point whether kerosene

rightly came under the Russian declaration of contraband of war. It was

admitted that the cargo was intended for Japan, but solely for

commercial purposes. The principal legal adviser to the Admiralty

submitted, however, that kerosene was now used also as a fuel for

warships. Moreover, the vessel was considerably out of her course. The

captain was unable to produce the charter-party or bills of lading, and

one of the seamen declared that she carried guns at the bottom of the

hold. Admiral Rozhdestvensky sent 300 sailors to displace the cargo in

order to verity this statement, but they worked for two days without

getting lower than the main deck. Mr. Berlin invoked the fact that the

Procurator at Libau declined to recognize kerosene as contraband within

the meaning of the Russian declaration, which specifically mentions

naphtha. He argued at length on the question of conditional and

absolute contraband of war. Upon these points the Russian and British

views have been, and remain, at variance, as exemplified in all the

prize cases connected with the late war.

"The result of the present appeal, however onerous to the owners,

cannot be regarded as unexpected. A member of the Embassy staff

attended the proceedings in behalf of the British Government."

56. _An Ambassadors Estate._

Musurus Pasha, the Turkish ambassador in London, died there in December

1907. In February, 1908, Mme Musurus took out letters of administration

in England, and proceeded to pay the debts and the death duties payable

in respect of the property in this country. The greater part of the

ambassador's estate was situated in Turkey and Thessaly, and the only

property in England was certain shares in companies. Two of the

next-of-kin of the ambassador brought (in December 1908) an action to

obtain the administration of his estate and also an injunction

restraining Mme Musurus from removing any of the assets out of the

jurisdiction of the English courts, or from dealing with them otherwise

than in due course of administration.

International Incidents for Discussion in Conversation Classes · 第 14 / 25 章