Sacramento daily record-union., 1889-08-29
" CHINEE /" WHISKY.
ALL QUESTION AS TO ITS INToxICAT-
ING QUALITIES SETTLED.
Piute and Chinaman in Court-Experts
on the Stand-The Heather
Offender Convicted.

The trial cf the case of Fong Won in
Justice Heprys Court yesterday proved
quite edifying to all present, especially to
such as happened to be interested in the
temperance question. Fong Won, as his
name indicates, is heathen Chinee, and
the charge against him was that of having
bartered, for filthy lucre, bottle of intoxi-
eating liquor to a swarthy Piute who is
known on his native heath as "Buck-Not-
Afraid -of-the-B Bottle" but whose every. day
name is Charlie Bliss. The prisoner was
ably defended by Counselor Wharton,
whose original, but vigorous, method of
cross examining witnesses struck terror
into the ranks of the prosecution. It might
have had an equally depressing effect upon
the prisoner, but the latter fortunately
could not understand the attorneys pure
Anglo-Saxon and technical legal express
sions, having been accustomed, in his Court
experience, to the lf-and-half patois en-
ployed by such Chinese lawyers as G. T.
Jones and Major Anderson.
Deputy District Attorney J. A. Bruner
conducted the prosecution, assisted by
farmer r. j. Merkley, on whose hop ranch
the crime was committed. The bottle con-
tanning the tire-water occupied conspicu-
GUS and inviting position on the desk of
the Court, fanked as it was by glass of
generous dimensions. The plan of the
prosecution was 10 first establish the fact,
If possible, that the bottle contained an in
toxicating fluid, and next that the prisoner
sold it to the Indian.
To demonstrate the first proposition the
prosecution placed on the witness stand
Mr.. Merkley, but his testimony thereon
was not strong-not nearly so strong, in
fact, as the aroma that came from the
liquor itself, aided. by the presence of the
Chinamau and the Piute. Mr.. Merkley,
however, gave a clear account of the cir
cumstances attending the capture of the
stuff, and retired.
After some further unimportant testi-
mony was taken, the prosecution called
Under-Sherif Coons to testify as an expert
concerning the Intoxicating nature of the
liquor. II seams that when the prisoner and
his bottle were taken to the Sherif7s office
Mr.. Coons submitted the contents of the
latter to partial test, but by careful nurs-
ing had sufficiently recovered to appear in
Court. This fact was unknown to the
prisoners counsel. Mr.. Bruner started in
to question COons as to the nature of the
fluid, when the prisoners counsel inter
posed an objection, on the ground that it
had not been shown that he was competent
to determine that point.
Prisoners counsel to witness-"How can
you tell Whether or not that alleged whisky
possesses Intoxicating qualities ?"
Witness-"B Because it does''
Counsel-"Now, your Honor, please, l
hold that the witness cannot swear to the
intoxicating qualities of the alleged liquor
without first having taken a sufficient
quantity to enable him to so determine"
The Court-"Do you mean that he must
drink enough Of it here in Court to get
drunk, before he can tell whether or not it
will intoxicated"
Counsel-"Thats what / mean"
The Court-"Well, the objection is over
ruled"
The prosecuting attorney here became so
absorbed in the interesting dialogue that
he forgot the witness was his, and the
prisoners counsel continued:
Counsel-"Iou say this liquor pos
seSses intoxicating qualities?"
Witness That's what"
Counsel-"Now, please state what is the
intoxicating principal of liquor"
Witness leoldly)-'Its power to make a
man drunk"
Counsel with paralyzing look )-"Does
lemonade possess intoxicating qualities ?"
Witness-"Yes, if made properly
Counsel" What is the intoxicating
quality or principal of lemonade?"
Witness-"The what?"
Counsel" Please state to this Court
what particular principle or ingredient en-
ters into the composition of glass of
lemonade that gives it intoxicating quail
ties
Witness" Plenty of stick"
Counsel" II N | see the point. Now,
/ repeat, how do you know that the whisky
IN this bo.tie-I mean this alleged whisky
contains intoxicating qualities p
Witness" Because | tried it."
Counsel" You have tried it, then how
much of i did you drink?"
Witness" Oh, about a teaspoonful"
Counsel" And did that suffice to show
that it contained intoxicating qualities ?"
Wines Well, it floored me-"
Counsel That's ALL"
The prosecuting attorney looked as if all
had been got out of the witness that he
could desire and then called to the stand
the copper cOiored native son of the sage
brush plains The Indian testified TO hav.
ing purchased the bottle of fluid from the
Chinaman fer fifteen cents on the assurance
that it contained whisky.
He WIS Eco submitted to such rigid
cross examination by the prisoners counsel,
that he looked rs if he would like to have
the latter out in the Winnemucca wilds
with a good crop of hair on the top of his
head
The upshot Of the case was that the
Court found me prisoner guilty. as charged
and ordered him 10 appear on Thursday for
sentence.