Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-02-19
FONG LIN
Is ACQUITTED ON THE CHARGE
OF LARCENY.
She Prefers to Go With Her Hus-
band Rather Than to
the Home Mission.

assembled about the building, and thronget
the hall, but only few of those NOR
especially interested in the case wer,
allowed inside the Courtroom. Their
were few white spectators present. includ
| ing Rev. II. H. Rice and Mrs. Emma f
! Wilder, teacher at the Presbyterian Chi
nese Mission School. District ATTORNEY
Buckley and J. t. Carey appeared for The
prosecution, and Henry Starr for the de
tense. The defendant seemed to be more
| composed than on the previous day, anC
was seated next to All Lee, her husband
who had his head shaved in honor of the
occasion until all but the crown glisteneG
like q billiard ball. His wife paid no atten.
| ton to MIN, and she and her attorney did
not appear TO have a speaking acquaint,
ance.
Judge Henley proceeded to business al
| once, and the prosecution commenced by
placing All Fay, who swore out the warrant
upon which the woman was arrested, on
the stand. He testified that he lived on
Third street, between | and J works out
had known Fong Lin for four months
rented q room in his house to her; last Sat
urday night gathered together what money
he had, amounting TO S23 IS, intending to
20 to San Francisco in the morning; put
the money ON a table near the bed, and
about 10 o'clock went to bed Fong Lin
came into the room shortly afterwards, and
talked a long time with his wife don't
know how late she stayed, but his wife
awoke him when she was getting into bed,
about 11:45; got up at $50 next morning
and dressed to go to San Francisco; felt his
pockets to see if his money and papers
Ill .-.lt =. i
and then remembered placing it on the
table; it was not there; asked his wife if
she took it, and she said no; there had not
been any one in the room the previous
night, besides himself and wife, except
Fong Lin and Thu Poy; asked Tin Poy
next day if he took the money and he said
he did not; soon after missing the money,
sent his wife to see Fong Lin; she was not
in her room, the back door was open, and
she had run away got a warrant for her
arrest; Tin Poy has gone back to Walnut
Grove; he came to see witness wife about
some clothes she was making for him :
Fong Lin slept that night with her hus-
band, All Lee; they were married about
four months ago by Chinese, and on Tues
day they were again married in Court ;
witness intended to go to San Francisco to
make New Years calls; having no more
Pile in the house besides those mentioned.
but not in the room that night; the room
was not locked; don't lock his door, as il
is a family house, and few came there.
Cross-examined by Mr.. Starr-Witness
stated that there were eight in the house
altogether-four men and four women !;
they live there all the time; he leases the
house and rents four rooms; three had
occupants; Fong Lin came into the room
first and she and his wife were talking
about the Chinese must 60 and he felt
very sorry about ii; she went out before
his wife went to bed; All Lee was in his
room next morning, after his wife-Fong
Lin-had gone; when witness wife
knocked at All Lees room, he said his wife
was out making the fire; witness slept very
soundly; his wife was sound sleeper
also, rs she was very fat examined his
wife's clothes and she did not have the
money Fong Lin did not have any money
when found she came here from San
Francisco four months ago, she and her
husband, All Lee times were dull at San
Francisco, and witness advised them to
come here and she could do sewing; she
got work from tailor shops her husband
is cook for families and works on ranches
or anywhere; sleeps in his room in wit
ness house when in town; witness was
positive that he himself did not buy Fong
Lin positive he has no claim upon her in
the way of ownership; didn't get out the
warrant just to catch and bring her back !;
really believed she stole the money; don't
know she did, but she was in the room
and he hadn't seen the MONEY since.
Get Vow was sworn-Is the wife of All
Fay; her husband SAYS he left the money
on the table, but she did not see any; saw
him take off his clothes and hang them up
before going to bed Fong Lin came back
with the policeman Monday night; she
was not beaten nor whipped by any one
after coming back.
Cross examined-Fong Lin has been in
the house ever since she came back; wit
ness did not 90 out of her room after her
husband went to bed there was a light
burning on the table all the time; didn t
see any money; didn't pay any attention (;
the table was near the side of the bed /;
thought Fong Lin took the money because
she ran away; did not hear anybody NOV
ing about the house before she got up in
the morning; Fong Lin and her husband
never fought; don't know why she ran
away witness husband did not buy Fong
Lin; their house is not house of prosti-
tuition.
All Lee sworn-Is the husband of Fong
Lin; was married to her over four months
ago in San Francisco, Chinese fashion, but
had no marriage papers, and some one ran
away with his wife; thought they had bet
ter get married in Court, and they were two
or three days ago.
Mr.. Starr interposed an objection to the
testimony of the witness, as he could not
testify against his wife, and the objection
was sustained.
Constable Swift was sworn and testified
as to the facts of the arrest at a residence
on \ street, between Eighth and Ninth,
about l O'Clock Tuesday morning; she was
concealed in a small room up stairs did
not examine to see whether she had any
money; started to take her to the county
jail but they said they would give bonds,
and she was taken before Judge Henley !:
no one examined to see if she had any
money.
The prosecution announced the case
closed on their side, and Mr.. Starr moved
for the discharge of the defendant, as no
evidence had been obtained that would
convict.
Mr.. Cary reviewed the testimony, and
thought it had been established that theft
had been committed, and that Fong Lin
was the guilty party. Certainly the money
had disappeared and she had run away,
which was very strong presumptive proof.
He referred to the structures upon the case
published in the papers, and suggested that
it was not proper TO consider the matter
from prejudicial standpoint of any kind
the present public sentiment against the
Chinese, or from the reputation for falsify-
ing and low social condition which the
Chinese had. When the Chinese had q
grievance, or il seemed that they had, their
stories regarding it being apparently truth
full, they were entitled to the remedy the
law provides; they were entitled to Justice
under the law, now that they are here the
matter should be looked at coolly from a
legal standpoint and full protection af.
forded. He believed that the person who
would not extend protection to them is
lower than those seeking protection. In
this instance theft had been committed
the thief had run away, thus virtually adj
hitting the theft, and the complainant was
entitled to warrant for the fugitive, and
to have her tried and convicted. The pub
lie press should not be allowed to influence
the matter, but the Court should consider i;
according to strict legal principles.
Judge Henley informed Colonel Starr
that he need not argue the case. He was
satisfied that, though circumstances cast a
suspicion of guilt upon the defendant, there
was not enough evidence tdconvict The
plaintiffs wife had not seen the money
though sitting in the room sewing near the
table upon which light was burning, and
even if the guilt was narrowed down be-
tween the defendant and Tin Poy, there
i L. y L