Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-12-28
THE KIDNAPPING CASES.
Justice Henley Decides that the Evidence
was Insufficient.


Justice Henley Decides that the Evidence
was Insufficient.
Justice Henley yesterday rendered his
decision in the cases of the Chinese who
were examined in his Court recently on
charge of kidnapping Mrs. All Gong from
Vallejo, and which matter he took under
adyisement at that time. 1t will be seen
that he believes the evidence insufficient
to warrant the holding of the defendants
to answer upon any of the charges men
Notwithstanding, rape, abducuon or
conspiracy. Following is the full text OF
the decision
The People. etc., vs.. Chin All Fee, Chin All
Nong, Charley Leck and Dye Choy:-The evl-
dence adduced upon the examination OF this
case, stripped of all extraneous matters, DIS
closes the following facts:
That Dye Choy swore to complaint IN the
Court of Justice Post during the month OF No
vember last, charging one Cooey Gong with the
crime of grand larceny, upon which warrant
| was issued and the Chinese woman Gun Nun
was produced in Court in answer thereto nav
ing been arrested in the county of Solano.
| Upon the trial of said charge the complaining
| witness stated that the defendant, Qui Nun, was
| not the person intended or charged, and there
| upon the said Qui Nun was discharged from
| custody.
The other facts brought out during this exam
NATION Will be referred to IN the ulscuSslOn OF
| the different crimes for which | am asked by
| the prosecution to hold these defen 1ants to an
| swer, namely; Kidnapping the crime charged in
| the complaint in this actionl, abduction, rape
| and conspiracy. These charges Will take up
in their order and will endeayor to refer TO all
| the testimony relevant to each as such charge is
| mentioned.
First kidnapping is charged, and l will deal
very briefly with this charge. Section 90I OF the
Penal Code of this State, defining KIDNAPPING,
| is as follows:
EVERY person who forcibly steals, takes or
arrests any person i'll this State and carries him
TITO another country, State or county, ETC.,
without having established claim ac-
eording to the laws OF the United states, or OF
| this State, etc., is guilty of kidnap-
| ing
The evidence upon this point shows eonclu-
| siVely that the woman, Qui Nun, was brought
from Solano county to this county by officer J.
| NJ. Sullivan in response to warrant issued by
Justice Post charging one Cooey Gong with lar
| cenY.
That the taking was by lawful warrant,
surely no one will deny. The fact that one of
| these defendants, Dye Choy, swore to the com
| plant in that action, and that another defend
ant, Chin All Nong, accompanied the officer
while engaged in making the arrest, cuts no
| figure in an action of this character, and do
not believe that any person, whether learned
| in the law or not can be found who after read
ing Section 207 will say that either of these de-
PENDANTS ought to be held for this offense. If
any is guilty under this section, it is officer
Sullivan, and he is supported by warrant is
sued from Court of competent jurisdiction.
am next asked to hold the defendant. Chin
All Fee, for the crime of abduction, as defined
by Section 265 OF the Code. which reads as fol-
lows:
Section 265. Every person who takes any
woman unlawfully, against her Will, and by
force, menace or duress. compels her to marry
him. or to marry any other person, or to be de-
filed, is punishable" etc.
The testimony of Qui Nun, and hers is the
only testimony bearing upon this point, is that
she left Justice Posts Court in company with
tie Rev Mr.. Masters and several others, includ-
ing Chin All Fee, and went to her attorneys
office, and was there informed by Rev. Masters |
that she had better accompany him TO San |
Francisco to the Mission ne, and stay there
until her husband returned. (And right here let
me say the Rev. Masters was well acquainted |
with her, she having been an inmate of the !
Mission, and the Rev. Mr. Masters having per-
formed her wedding ceremony
But Qui Nun refused, saying she would 60 |
with An Fee. who was her friend and relative |
and she freely consented to go with him.
Placing the testimony on this point in its
strongest light it shows that Chin All Fee used |
and praeticed deceit on Qui Nun, but that does |
not come within the purview of Section 265 |
which requires the unlawful taking to be ac- |
companied by either force. menace or duress, |
ana that, too, against her will.
/ am at a loss to comprehend why the prose-
cution should ask that the defendant be held |
for this crime.
As to the charge of rape the only evidence |
upon that point is the testimony of Qui Nun, |
and her contradictory statements, together with |
the improbability of her statement, is conclu- |
sive to my mind that the defendant, All Chee, |
ought not to be held for that charge. have no I
hesitation in saying that l do not place the |
slightest confidence in her testimony upon this |
point.
| now come to the charge of conspiracy. for |
which am asked to hold the two defendants, |
Dye Choy and Chin All Nong, under the second |
subdivision of Section 1S2.
In the opening statement have set forth the |
facts in this matter, with the exception that |
Chin All Nong accompanied the officer and |
pointed out, at Vallejo to the Constable, Qui !
0n.I
wanted.
In my opinion, the testimony upon that point
is not sufficient to sustain the charge of con- !
spiracy against the defendants.
Before concluding this matter wish to say
that as officer Sullivan has been censured for
his part of this affair it is than Just to
him to state that it has been the custom, as far
as l am able to learn land have consulted Dis
trict Attorneys and Sheriffs of this county of
great eXperience), when warrants were issued |
for persons outside of the county to give the |
same TO policeman. and several reasons aye
given for this:
First-When an important arrest is to be made |
the police officer from experience is the proper |
and best person to perform that service.
Seeond-Because the Board of Supervisors of |
this county have repeatedly refused, as am in |
formed TO allow the claims of officers for arrests
made outside of this county-and ! personally |
know that Constables of this city have refused |
to serve foreign warrants unless their expenses |
were first guaranteed them such was the case |
in the case which now occupies the attention of |
the Court.
If there is any blame to be attached to the |
officer for demanding money for his expenses |
before he undertakes the arrest, in my opinion |
it should not fall upon the officer, but upon |
the Board of Supervisors, where it properly be- |
longs
For the reasons given in the foregoing opinion |
let the defendants be discharged.
After the decision was rendered, District |
Attorney Buckley directed Deputy Consta- |
BILE Swift to take the three defendants |
present-Chin All Fee, Dye Choy and Chin
All Nung-under arrest, and directly after |
ward proceeded to Justice Posts Court and |
had warrants duly made out against them, |
the complaint in Chin All Fees case being
abduction, while the others are charged |
with conspiracy. The defendants will APP
pear before Justice Post at 10 A. NJ. TO-DAY, |
when the cases will be set for examination.