The morning call., 1890-11-23
JUGGLING WITH
JUSTICE.
All Kit Remanded for Sentence
by the Circuit Court.

Some months ago, when All Kit was ar
rested for visiting one of the numerous gam
bling dens of Chinatown, Counselor Clarke,
in his mad effort for fame, endeayored to
clog the wheels of justice by taking out a
writ OF habeas corpus from the United States
Circuit Court for his client, on the ground
that the ordinance under which the arrest
was made is invalid.
The effect of the writ was to delay the
trial Of the case on its merits for several
weeks, but in the meantime the proceedings
on the writ were had. with the result that
the validity of The ordinance was sustained
and the defendant remanded. Upon the
rendering of the courts decision the learned
counselor gave notice of an appeal, but did
not perfect his appeal at the time and, in
consequence, the matter came up few
weeks ago before Police Judge Kix. where
the prisoner was convicted.
Clarke Immediately bethought himself of
his sleeping appeal, and he mt once proceeded
to perfect it. How the sureties were OBJ
tanned, or by whom, is not known, but within
few hours of the conviction bond was
flied in the Circuit Court in the required
amount. One of the sureties was How koy,
cigar manufacturer at sos Stockton street,
worth $1,000 over and above all liabilities.
The other was Chew Fook, who claimed to
own $500 interest in shoe factory at Az
Pacific street. The legal defender Of coolie
rights certified over his own signature that
he knew both the sureteS above named, ana
that they were sufficient surety for the PEN
atty named.
The filing of the bond had the effect of
staying the prisoners sentence and releaS-
ing him from the custody of the police.
Chief Crowley determined to have the man
carefully watched and in addition he de-
tailed Detectives Cox and Glennon to look
into the standing Of the bOnd-men. They
after thorough examination reported their
inability to find Chew Fook, and that the
factory in which he claimed an interest had
no existence outside of the willy Chinaman's
imagination. for at the address lie gave L.
Hertz, white man, conducts a secondhand
clothing and boot and shoe store.
They did find How key, but instead of the
prosperous cigar factory he claimed to own,
he occupied very dingy room, IN which the
stock, at very liberal estimate, does not
amount to $500 in value. The detectives
report was at once laid before Judge Haw
ley OF Nevada, who is holding court during
Circuit judge Sawyer's illness. and he cited
Counselor Clarke to appear before him and
ordered that new bond he filed. The mat
ter was then delayed from day to day TO give
him an opportunity for complying with the
order.
Finally, when no effort was seemingly
made to obey the Courts instructions, Judge
Hawley peremptorily ordered Counselor
Clarke and his client to be in court yesterday
morning, and warned the attorney that if it
should appear that he was merely pursuing
his dilatory course for the purpose of inter
fering with the State court, he would see
that the gentleman should be granted no
further appeals All KIT and his counsel
accordingly visited the Circuit Court yester-
day morning. the city being represented by
ex-Judse Louderback.
On a full presentation of the facts, and a
new bond not being forthcoming. Judge
HaMley ordered The bond set aside, the APP
peal annulled and the TisOner remanded
back for sentence. After the decision All Kit
was taken in charge by the officers, and is
now languishing in the City Prison. He will
be brought up for sentence tomorrow, aud
has no further hope of escaping justice.