Los Angeles herald., 1891-09-24
All Sing Convicted of RObbing
DR.. Tom She Bin.
Somewhat Peculiar Trustees
Fail to Secure a New Trial.
Cases on Trial Yesterday in the Va
riOus Tribunals.
Enforcing the Rule-Joplin Gets Good
Sureties-Sur Yuen's Trial-New
Gases Filed.

victed of the robbery of DR.. Tom She
Bin in department six of the superior
court, was finally pronounced yesterday
morning by Judge Mckinley, who gave
the defendant seven years at San Quen-
tin, denying the motion for new trial.
There were some rather sensational
developments in the attempts of counsel
for the defendant to secure a new trial,
in which A. A. Montaflo took quite a
prominent part. In an affidavit filed in
support of the motion for new trial
Mr.. Montana made some serious charges
against witnesses in the case on the part
of the prosecution. He was originally
assisting in the prosecution of the de-
fendant, being employed by DR.. Tom
She Bin. He acted as counsel up to the
close of the preliminary examination of
the defendant, when his services were
dispensed with. Day before yesterday
he appeared in the role of an affidavit
maker in support of the defendants at
tempts to secure new trial. La his
affidavit he stated that All Yueng, who
was witness for the prosecution, testi-
fed falsely on the trial of the case in
him before just the opposite
to what he actually did testify. That
he afterwards met the witness, who told
him he could not help testifying as he
had done, and begged Montafio to say
nothing about the falsity of the testi-
mony. He further states that he was
in the court room during the defend
ants trial and told H. H. Appel it was
shame that he should be convicted, as
he was confident it would be the result
of put up job.
In addition to Mr.. Montafio's affidavit,
there were several of similar import
by Chinaman. When the case was
called yesterday the district attorney
presented counter affidavits by DR.. Tom
She Bin and others alleging the falsity
OF the statements contained in the affi-
davit.
Mr.. Guthrie, OF counsel for the de-
fendant, commented upon the afidavits,
and in making his point that the defend
ant had been convicted upon perjured
testimony, hit Mr.. Montaflo several hard
raps. He believed that it was the duty
of an honorable attorney to have arisen
in court when he was satisfied that per-
jury was being committed, or to have
told counsel about it.
about the matter, simply denying the
motion for a new trial, and sentencing
him. An arrest OF judgment was grant
ed to enable the supreme court to con-
slider the points in the motion for new
trial, and All Sing went back to the
county Jail, where he will remain until
the court of last resort has passed upon
his case, whether it be in six months or
two years.
ENFORCING THE RULE.
One of the continuance cases where
the county comes out first best, owing
to the rule adopted by the superior
Judges, came up yesterday before Judge
Clark. 1t was in the case of Sweet vs.
Stewart, a suit for damages for non de-
livery Of fruit trees as per contract. The
plaintiff was not ready, and no satisfac-
tory reason for continuance being
shown, the court compelled the payment
bv plaintiff of the cost of continuance
and jury fees.
HE HAS GOOD sURETIEs.
J. G. Joplin was brought before
United States Commissioner Van Dyke
yesterday upon charge of obstructing
the passage over government land i'll
Bell's canon, Orange county. The COM
missioner fixed his bond at $3.50, which
was given, the sureties being Tom Mott
of Los Angeles and James McFadden of
Santa Ana. The examination of che
defendant was set for October Goth.
The commissioner also heard testi-
mony in charge brought against James
Brown for perjury, committed at Win
chester, San Diego county, in connection
with land Office filing. 1t developed
that there was technical flaw in the
proceedings, and the defendant was dis
charged.
SUR YUEN's TRIAL.
For a murder trial, that of Sur Yuen,
the Chinaman accused of numbering
Fong Dick at La Canada last April, is a
monotonous one, except, of course, to
the defendant. Yesterday the case was
resumed, and testimony was taken dur
ing the day, the witnesses going over
the details of the crime as heretofore
fully given in the public press. The
evidence is circumstantial, and many of
the witnesses are Chinese. The testi-
mony is taken through an interpreter,
and it would take more than Phila-
delphia lawyer to size up the impression
made on the jury.
The principal witness yesterday was a
Chinese vegetable peddler, who called
at the house of the murdered man with
two other Cinnamon, the morning after
the commission of the crime. They had
not seen the deceased, and went through
the house, discovering the dead body in
the little room where he slept. The de-
fendant was there and assisted in the
search, betraying little emotion.
Another Chinaman was examined,
who testified that he said the deceased
had 5000 few days before the murder.
The prosecution has not yet concluded
its introduction of testimony, counsel
for the defense indulging in very search
ing cross-examinations.
AN ORIGINAL PLEA.
Yesterday in department one habeas
corpus proceeding was instituted, which
embraces an original manner of looking
at the responsibilities of drunkenness.
Ike Earnest was sentenced to thirty
days in the city Jail for plain drunk,
and insists, through counsel, that the
punishment does not fit the crime. He
was found drunk on Main street and
run in by the police. Since his incar-
ceration he has been relegated to the
chain gang. He claims that under the
ordinance he is illegally restrained oi
his liberty, holding that although
drunk, that he was neither nuisance