Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1890-08-23
JUSTICE DEvINE's DECISION.
He Reviews the Evidence and Discharges
the Prisoners.
When District Attorney Bruner had con-
Guided his remarks. Justice DeYine said

This is g case that has attracted some con
siderable degree of attention throughout thii
county. Prior 10 to-day knew nothing about
the facts concerning it, or even the alleged
facts, in that had not read the newspaper &C
counts of the affair in which Walter Piersor
met his death. l have listened very atten
lively to the testimony that has been presented
here to-day and have weighed 1t very care
fully. fully coincide with the views of the
District Attorney. l have come to the con
clusion from the testimony that the witness
Startsman, having had some difficulty with one
of the Cinnamon, who was the lessee or an EN-
ploye of the lessee of this fruit ranch was some
what angered towards that Chinaman, and ha6
| formed quite an antipathy towards him; thai
relating his trouble with this particular China
man to his fellow laborers and acquaintance!
| he had been chafed and "guyed," as the ex
preston is, as TO his ability to whip the China
| man, and he concluded it would be proper
thing, when the opportunity afforded, to chas
| tise him.
1 also believe, from the testimony, that the
| time was fixed for this Sunday afternoon to &C
over there, at which time STATESMAN was &c
carry out his purpose to chastise this particular
Chinaman with whom he had had trouble, and
that four or five of the men who accompanied
him at that time had knowledge of that fact
and went over there to see fight between
Startsman and this Chinaman. The testimony
shows to my mind that they promised to stand
by him, or at least to see fair play-that is, to
prevent the other Chinese who might be there
from jumping on him and interfering during
his fight.
The Cinnamon were lawfully in possession Of
this place they were occupying and were pur'
suing lawful business At the particular time
they were engaged in pitting peaches. These
white men had no business there, and had nc
right to interfere with the Cinnamon in any
way. The testimony shows that STATESMAN
went up to this Chinaman with whom he had
had trouble and invited him 10 fight. Mr.. Dial.
ton, it seems to me from the testimony, rather
unceremoniously molested one of the China
men. Mr.. Dalton is stout, heavy man. Prob
ohl u he dr,nf inf tn ha an
from him as he did, but he did it rather rudely
These Cinnamon had reason 10 anticipate from
the numbers and appearance and demonstra.
lions of the whites there would be trouble, and
the action of the white men justified them in
believing they were about to be assaulted. a
melee ensued between the whites and the Chi
nese, in which, with the exception OF the par
ticular Chinaman who stabbed Walter Pierson
I do not think the Chinsmen exercised any
more than their natural right of selfdefense.
So far as the testimony is concerned against
these particular defendants there is no evidence
against the man with the drab blouse-Ah Sur
| to inculpate him in the crime OF murder or as
| sault to commit murder, or even assault or the
| lesser degrees of any of these crimes. He hac
| sued between bim and the deceased he simply
| backed Pierson from him against the side o
| the shed. He held Pierson there and made NJ
| effort to strike him, and there is no evidence
I that he had knife. Some other ChinamaD
whose name has not been developed in the evi
| dence, approached from the rear of All Sun ant
| stabbed Pierson 10 death. / do not think tn,
! defendant All sun was privy to that sabbing
or that he was in any way accountable for O
| bound by il.
As far as the other defendant is concerned
| think that he had right TO presume h,
was attacked and that he had right TO exer
else his natural instinct of selfdefense Tn,
| testimony does not show that he made any as
I sault on any person. The only ties imony tina
he participated in the affair is that of Mr. Starts
man. and he does not swear that this defendan
had knife in his hand or that he struck a
him. he only glanced back and states that h
| was engaged in fighting another Chinaman
From his testimony the conclusion may b.
drawn that some other Chinaman present a
| that time might have struck at him. Even ]
| this defendant did cut him am inclined L
think there would not be anything criminal ii
H. IL was general Scuffle and melee, and tn
Cinnamon were acting in self defense. Unde
the circumstances the Cinnamon could not b
expected and were not bound TO stop and con
| slider aud to act with that precaution the
| would have under other circumstances. An al
/ tack had been made upon them and they wer
not bound 10 the nicely OF judgment that woul,
be expected to be exercised under other circum
stances.
This was a very unfortunate and deplorabl
| affair, and the fact that this young man met hi
| death under these circumstances is much to b
regretted To my mind il was brought abou
| through the action of STATESMAN, and through
! his spirit OF brayado and fool-hardiness. H
went there to chastise this Chinaman and d.
not believe that Walter Pierson or the others 0
| the party foressw the consequences. But tn
consequences did happen.
| This is very clear case, in my opinion, o
| self deiense-so clear that do not doubt tina
| the Superior Court, without hearing any OF IN
witnesses, but by simply reading the cold writer
testimony, would declare il TO be a case of sell
defense. Holding that opinion, I order that tn
defendants be discharged and released iron
| custody.