Los Angeles herald., 1892-04-03
WONG CHEZ.
The Charge of Murder
Against Him Dismissed.
District Attorney McLachlan
Addresses the Court.
Some Testimony About Chez Given
in Another Case.
District Attorney McLachlan Claims
That Chee is Being Prosecuted.
A Synopsis of the
Case.

A charge OF MURDER was hloQ against
Wong Chez before Justice Stanton on
Friday by Tom Bing, and when the case
came up for hearing yesterday morn
ing without any evidence being taken,
the accused was discharged. Judge
Stanton discharged the prisoner on the
motion OF District Attorney McLachlan.
The present proceedings grew out OF the
murder of Fong All Lung in Chinatown
two years ago, on which charge All
Chung and Wong Guam were found not
guilty and All Len and All Jung guilty
OF murder in the second degree. The
supreme court ordered new trial in
the case of the two latter parties.
When the time set for a hearing in
the new suit against Wong Chez arrived
yesterday morning District Attorney
McLachlan stated that he was not aware
until he read the morning papers that
defendant Wong Chez had been arrested
for this crime. He held it was always
the custom to consult the district attor-
ney whether such complaints should be
filed. He happened to know good
deal about the facts of this case. A
complaint was filed against defendant
in Judge Austin's court eight months
ago.
II made" said the district attorney,
"a personal, thorough investigation of
all the facts and circumstances con-
nected with that murder. 1 called upon
the chief of police and many other wit
nesses who were acquainted with the
facts connected with thesmurder. l
also examined the written testimony in
the superior court tending to prove who
committed this murder, and after due
consideration and full and thorough
investigation of the facts. l, myself, as
district attorney of the county, went be-
fore Judge Austin's court and requested
the complaint charging this defendant
with the murder of that Chinaman be
dismissed on the ground that there was
not sufficient evidence to hold"
Mr.. McLachlan stated further that
the charge had been Investigated by the
grand jury and dismissed, and he there
fore asked that the defendant be dis
charged on the ground "that the people
have no testimony upon which to justify
an examination into the case, and when
l asked to be made district attorney of
this county made solemn pledge be-
fore that convention that would do my
duty and use my best ability to see that
every criminal was convicted who came
within the jurisdiction of this county,
and further stated there that I would
be equally as jealous to see to it that no
innocent man was prosecuted, and if
your honor please I cannot stand up
and even see Chinaman prosecuted
and will not persecute even China
man myself, nor will allow any out
side person to come in and use the ma
chinery of the county for such purpose
while am district attorney"
At the close of Mr.. McLachlan's re-
marks, Justice Stanton promptly dis
charged the prisoner at the bar, no evil
dence whatever of any nature other than
the address of the district attorney hav-
ing been submitted.
This is the third time complaints
charging Wong Chez with completely in
the murder have been made, and
estopped twice by the district attorney
and once by the grand jury. As to
whether that body acted on the advice
of the district attorney, is not known.
In view of the pertinacity with which
this charge bobs up, a reporter made an
examination of the testimony in the
trial of All Len and All Jang ct al. Quite
number of witnesses testify to Wong
Chez having been present and in close
proximity to Fong All Lung at the time
he was murdered. Lem You testified:
"Fong All Lung was walking down the
street past the Chinese theater. Those
men got as far above as the fruit stand.
Ii Bet Shin jostled against Fong Ah
Lung, who said: what is the matter?'
Wong Chez says: You are the most
sassy one; let's shoot him with pis-
tol.' Then Mon XII Len fired at
him. Fong All Lung crossed his hands
across his breast and fell. Then the
others fred right after Wong Chez.
After Mon XII Len fred the first shot,
and the four fired their shots right after,
they were Mong Jung, Ii Bet Shin,
Wong All Wing and Wong All Chee."
The same testimony was offered by
the witness Tom Bing, and Joe Hui and
others gave testimony as to Wong Chee's
presence at the time of the tragedy, and
to his talking Just preceding the shoot
ing. The attorneys for Wong Chez
claim that no reliance was to be placed
in this testimony, as it was offered by
men of rival company who are antag-