The Daily Worker Newspaper, August 8, 1925, Page 14

British Used Forged Document Against Soviet NOTE-—-The following ig a verba; tim report of a part of the “trial” of representative of the Soviet Oil Syndicate in China, Dosser, whd was arrested charged with “hostile acts against foreign nations.” Dos- ser was-illegally tried In u ‘mixed court,” the British authorities re- fusing to bring his case before a mixed court. Because of the exposure of obvi- ously forged documents by Dosser’s defense, all charges except “creat- ing propaganda” were dropped but Dosser was expelled from the Shanghai foreign settlement. The case was prosecuted by the British representatives. When Dosser was arrested three Russian white guards were present. The report-of the “trial” shows to what lengths the British, are go- ing to create ill-feeling between China and the Soviet Union. FTER their arrest at Shanghai, Comrade and Mrs, Dosser were ¢harged under Article 221 of Chinese Provisional Criminal Code, which ~~ ticle provides for the offence 3s? ‘““.e- ing in possession of literature liable to cause persons to commit a breach of peace.” Threatened With Death. The second charge was that the ac- cused were “undesirables”—which of- fence, however, is not provided for either in any article of the Chinese Criminal Code or any land regulation or Shanghai Municipal bye-law. Then, after the forged document ap- peared on the scene, Dosser was charged, under Article 127, 128, 129, and 130, of the Chinese Criminal Code, which provide far the punishment of persons “having committed a hostile act against a foreign state” or “hay-" ing broken the neutrality of China during war between foreign states;” an offender convicted under these articles is liable to be sentenced to a term ‘of-ten years’ jail or even tapital punishment. ~ ~ The Mixed Court sat in the persons of Mr. Zau, a Chinese magistrate ap- pointed by the Shanghai Consular Body, and British Junior Assessor Whitamore, the latter naturally play- ing first fiddlé in the Whole scandal- ous frame-up and British-made, trav- esty of justice. The prosecutor was no less worthy a gentleman, a Brit- isher, Maitland, who prosecuted oj behalf of the municipal police. Questions Right of Court. The hearing was opened by this Maitland producing a document clum- sily forged by his worthy Anglo-Rus- sian white associates and submitting his contention that “the accused made preparations, namely by obtaining a certificate from the Communist Party; he made preparations to create strike committees and also for further prep- arations the accused went to Hong kong. Thé- strike .is a hostile act against foreign States. with the ex- ception of Russia.” Dr. Fischer, counsel for the defence, raised the question of jurisdiction, which Assessor Whitamore tried to ydodge by declaring that as he “might say, the mixed court~has definite in- structions from the consular body The right of this court’—further as- serts Whitamore—‘“cannot be ques- tioned: it ts an old established pro- cedure.” Speaks For Capitalist Nations. Replying to Dr. Fischer, who asks the police to specify the foreign states against which the “hostile acts” have been committed, Maitland enume- rates: “Britain, Japan, Italy and ev- ery other state except Russia.” Dr, Fischer: “If Maitland is en- titled to make a charge on behalf of these other nations, I ask that they be put on the charge list: I wish to know which nations the ,municipal police is trying to protect:” “Maitland: “I act on behalf of the municipal police. The treaty rights have put the settlement in the hands of the municipal councj}; and f act on behalf of the police:” Dr. Fischer: “The police might want to protect nations which do not wish to be protected by this court.” The court further agrees to hear Dr. Fischer on ‘the question: of juris: |= distinn, linkiting, ‘however, his time> ta five minutes. Whitamore: “We have our instruc tions and we are not temanding the case.” Dr. Fischer: “Then I ask a remand on the ground that. negotiations are - | going on at Peking between the Chin- ese and Soviet authorities interested in. this case,” Whitamore: “That is likewise over- ruled. We might consider an applica- tion at the conclusion of the case for the postponement of the judgment. You have had over your time......The magistrate and I have agreed that it is important to proceed with the case now.” With a similar spirit of fairness and world-renowned British official hon- esty, Whitamore over-ruled all the other applications of the counsel for the defence, including Dr. Fischer's suggestion that the accused was ar- re ted aboard an English ship, while the Mixed Court has no jurisdiction over rivers, as wel as his statement that ‘he defen > was not in »*ssesion of all the doctménts aa.t. generally all the details of the charges. Forgery Exposea. After all those preliminary argu- ments were closed, detective Ser- geant-inspector Yorke gave evidence, of which the following details may de- serve attention: The warrant was issued when the Dossers were being deported from Hongkong back to Shanghai, which they had previously left. It was signed by the Senior British Assessor on behalf of the Senior Consul. The ‘Soviet Consul was not informed of the arrest. “Between Hongkong and Shanghai the accused were not ar- rested, they occupied a two-berth cab- in, and so had two clear days and ample chance to destroy all dangerous documents.” Having, however, had to make this statement, Yorke—to ex- plain why the accused had not de stroyed an incriminating piece of evt- dencé—volunteered the following clever explanation regarding the “silk certificate” allegedly found in Mr. Dosser’s book: “I think the document was for identification purposes; there- fore, if the accused came back, he would return it to those who gave it to him, as it was not easy to obtain.” = Thia.last remark at least of ser- geant- -inspeetor Yorke about the docu- ment” being “not easy to obtain” ap- pears to be truthful, since it took the British officials and their white as- socilates nearly six days to prepare that grossly and clumsily forged “doc- ument.” In the course of his evidence, Yorke Dominick Venturato Must Be F reed R three years Dominick Ventur- ato has been suffering in the pen- itentlary at. Columbus, Ohio, where he is serving a life sentence. The facts in the case of this working class fighter were given in an article that appeared some time ago in the DAILY WORKER. Being framed up on a charge of murder, because of his activ- tties in the 1922 strike, Dominick Ven- turato is waiting for the time when he will be released from prigon so he can again become. active m tne af- fairs of the miners’ union. The dastardly frame-up of Venturato’ has been kept from the masses of workers in this country. The news- papers have given it little publicity and the American Federation of Labor has: done nothing to exposé this ton- temptible frame-up. Here is 4 man with a record of activity in the trade unions that any one could be proud of. z man who had courage, who was . 8 who understood thé struggles of the workers, Here was a worker with class consciougness, = f= carried the message of working freedom down to the rank the United Mine Workers, to which he be ‘engory Not a strike katy of age time that Dominick “entra the union, but that he ~~ ANOTHER INSTALMENT OF “RUSSIA TODAY” i picket line, leading the militant.mem- bership of the miners’ union, e fom por aging the disheartened. ones, buing & spirit of fight and berneats that to largé extent Was pe geg for = Successful tefmination of ANpzee the. United Mine Workers nion is beg! td lose its power in the state of erators are trying to separaté mines in varions sections of the state under the 1917 scale, and Domine Ventur- ato, who has hi miners their increases in wages = the betterment of eir ditions, must rot in olutionary spirit Zo to the mines } ap 1 white } 1 re A to in their sttuggle, to try “the | conditions which nick Vi anions «parson bmg rg yee there he pardons 4 per- hio. The op- | gain for the | time, son convicted of robbery and every other crime on the calendar. And yet Dominick Venturato, whom Don- ahey knows is in jail on a framed up charge, becausé of his activities in the minérs’ union, rots in jail and Dona- hey—a “friend of labor” does not even litt a finger to have hini freed: There has been a rumor spreading through Olio, That rumor is that during the last election Vic Donahey, who was also overnor of Ohio at that chaees ahenideee to release Dominick turaij, Every miner in Ohio will ok ea that, Every miner will. say that Donahey said‘hé would set Ven t free. Had not Donahey par- a Dan Agosti a fendant of Venturato? To them t was a matter of time ag to when this “liberal,” this “friend of labor,” this.man who. was e to office only because of the support thé organized labor move- ment gavé—would free Dominick Ven- turaté. workers say that Dominick Ven- anal not guilty. No more guilty every other member of the United 1 ‘Workers of America. stated that. Dosser’s passport had been twice vised by the British Consulate at Shanghai for going to Hongkong. Search Revealed Nothing. Cross-examined’by Dr. Fischer about the search and the alleged discovery of the said “certificate,” Sergeant- Inspector Yorke said: “I was accompanied to the ship by three Russian police officers, Bebenin, Kedrolivansky and Boulanin, and a female warddress from the mixed court, The accused were arrested on board the steamer Mantua. The cabin was searched; the luggage was not searched in the cabin, but was tied and taken to the police station. The luggage was searched in the presence of the defendants. under my.own su- pervision. Nothing attracted atten- tion except a code book, which I be- lieve to be a commercial code. “When first found, this book was roughly. ex- amined: I ran through it with my fingers and Bebenin did the same thing, too, but we only found Dosser’s business card. This book was left in a rattan basket at the police station. That is ali | myself found. The docu- ments found in the attached case have been brought into the court.” “Find” Certificate. “During, the morning search,” con- tinues Mr. Yorke, “three Russian po- lice officers were present, and I handed the documents to these Rus- sian detectives to see if there was anything important: Then the prison- ers were taken into court, and the baggage was left unlocked in the detectives’ room between nine o’clock a. m. and half past two. “Personally | was not in the room when the ‘certificate’ was found, as I left the main detective office at about twenty minutes to three, leaving the three Russians alone in the building. At about a quarter to four, Bebenin brought me the ‘certificate’ with a rough translation of it. He told me the ‘document’ had been found in the code-book;~ Kedrolivansky aid he found the ‘document’ and shoved how he noticed it between the binding*of — books; he opened the book and the document dropped out. The accused was locked up and was nor present at the afternoon search, it was not really a search, because !f it had been I would have been present myself.” alone is Dominick Venturato lying in jail. And you, Vie Donabey, governor of Ohio, “friend of labor” liberal: You are keeping Venturato in jail. You refuse to set him free, All you do is make promises, which you do not intend to fulfil, because you want the support of organized labor. We say to you Vic Donahey, to hell with your promises. We want Domin- ick Venturato freed: We will not de- pend.on you and your “promises:” We will bring the case of Dominick Ven- turate to avery local unton in the onto: state of ‘We will bring it to the attention of every man and woman in the staté of Ohio. We will bring it to the attention of 2 = By Max Salzman’