The Placer herald., 1869-09-25
Civil and Criminal Chinese Testimony

This is the contest in the coming Judicial
election 10 this State, and especially is it The
case in this, the Fourteenth Judicial District,
composed Of Nevada and Placer counties
The leaders Of the Republican party, who,
with their more innocent and unsuspectng
tools, knew what they we doing when
they fosted Judge McFailand, the widest
fanatic Of all, and one who has made bs
solemn and sworn record in favor of civil
and criminal Chinese testimony by an ac-
tual ruling while upon the bench trying
case, upon the Convention as Chairman, 10
defiance OF clear majority in favor Of Hon.
G. A. Tutte, OF this county. They knew
what they were doing when they nominated
Sawyer and Pratt for Supreme Judges Of
this State. They knew that with these two
men on the bench, negro and Chinese testi-
mony would be received and decared valid
in all cases, against and in behalf of all
classes Of persons, in defiance Of every law of
the State The packed delegates from PIa
Ger and Nevada in that Convention knew
when they nominated T. B. Mcfarland for
Judge Of this District that be had made a
solemn sworn decision, which opens the door
to Chinese testimony in every case to be lit
igaed in the State, civil or criminal, from
the Justices Of The Peace, to the Supreme
ho o( bot
county Conventions fully endorse the prin-
ciple Of unlimited negro and Chinese testi-
mony in all our courts. Reader, these are
plain facts that no Republican paper in the
State will or can deny, from the Sacramento
Union down to our little peighbor the
mongrel idea ring organ Of this county.
Now, a few words as to the results which
would follow the election Of Mcfarland. A
friend who was present and heard McFar-
lands reasons for allowing two Chinaman,
from Chinese brotbe, to testify against a
white man whose life was at stake, gives us
the following as the substance Of the opin.
ion and assures us that the statement is even
mder than the Judge uttered it.
III bave serious doubts as to the Consti-
tuiionaIity of the law prohibiting Chinese
from tesutying against white persons in this
State, but waving all objections upon that
ground and admitting that they are prohib-
tied by the laws of this State, thiak that
the l4th amendment to the Constitution OF
the United States removes all disability, and
that under that instrument they are allowed
to testify IN all cases, and any law or consti.
tutional prohibition OF this State in contra
venlion Of that amendment is void and
must be disregarled. The objection of de.
tendant's counsel is overruled."
This ruling Of McFarland's admits Chinese
testimony in all cases, civil and criminal.
With Mcfarland on the bench, if one man
sues another for sum Of money, all the
other will have to do will be to hire couple
OF Cinnamon to 60 into court and swear that
they saw the money pal !. Two men quarrel
about horse, or mining claim and one
rushes to leading Cbnaman and with So
or $40 dollars procures the necessary proof
to rob the other Of bis property. These
are not over.drawn pictures Of what will
appear in McFarland's Court, il be is elected,
but what must actually occur under bis ru-
lings. II it be said that this decision Of
McFarland's will be reversed by the Supreme
Court we reply that depends upon whether
Crockett and Wallace are elected or not.
But Mcfarland has made this decision and
will adhere to it, and to reverse it will cost
two or three hundred dollars to an attorney
to carry your case to the Supreme Court.
and one or two years delay.
Those who wish this state Of tLings to fol
low the judicial election, should vote for T.
b. Mcfarland, on the 20lh day Of October
next, and those who would avoid it should
cast their ballots for Judge 7. 3. Reardon.