The herald., 1893-06-07
IT IS NOT A SUCCESS 50 FAR
The First Attempt to Enforce
the Geary Act Fails.
All Yung Makes Ont Case and Is
Discharged.
Tho Defendant shows That He Hos Been
Here for Twenty Yoars-The Pro-
coedInga-Anothor Man to Be
Examined on Thursday.

IubuJ VI ubpOIbdLlOu VI OuihOSO inONAOA .
met with mishnp yesterday.
They succeeded In getting the China
man All Yung arrested fast enough and
before United States Commissioner Van
Dyke.
But there the movement stopped, for
sngulnrly enough All Yung showed
that he had been in this country for the
past 10 or 20 years, and was discharged
from custody.
The United States commissioner would
not assume the Jurisdiction in the case
as far as the registration claQse OF the
Geary act is concerned, on the ground
that the section provides that the Chi
namen illegally in the United States
under its provisions must be brought
before United States Judge.
Under the previous sections extending
the old acts upon exclusion any Iuntice,
judge or commissioner has equal lurls-
diction, and If it had been shown that
An Yung was here in violation OF those
acts, Mr.. Van Dyke intimates alter
wards he would have been obliged to Or
der the deportation OF the frightened
All Yung.
When he was released he stood not
upon the order of his going, but disap-
peared from the court room, evidently
determined to keep far away from it in
the future.
The Gaze came up at 10 0:30 o'clock
this morning, the court room being well
filled with members of the federated
trades. Not Chinaman was present to
aid their countryman, and he stood
al hnu nor1Oaal This
seemed very singular, from the we'll
known disposition of the Chinese to
back up any OF their race who are in
trouble with American courts OF Justice.
All Yung conld speak little English,
and said before the examination be gan
that he did not want to go back to Oh ina
and would not for thousand dollars
do go.
LONG CHINESE MEMORY.
When the commissioner took up the
examination, District Attorney Denis
announced thst ne was ready to pro-
ceed. 1t became necessary to have an
interpreter, and in tho course OF half an
hour All Favh, = familiar figure around
the courts, put in IN appearance.
Frank II. Crowell, who swore to the
complaint, Wac the only witness intro
duced by the government He identified
All Yung as Chinaman whom he had
known some little time, and who works
ss a kitchen hand in Kings restaurant
on West Second street. In @ converse
tion with All Yung several days ago the
latter told him that he received SO a
week as wagss and that he had been in
this country about aeven years.
This conetitutsd the case for the gov
ernment, who stated that he did not
think any further testimony was neces-
sary under the law. The testimony
showed he is laborer and had said he
was only in the United States seven
years which was not sufficient. The
commissioner would no doubt take judic-
ial notice OF the fact that he was a
Chinuman. He had ehown all that was
necessary Under section three of the act
of May s, 1892.
This part OF the hearing was observed
with great interest by the spectators,
who saw the puzzled Ohinaman thus put
upon the necessity OF showing that he
was entitled to remain in the United
States.
Commissioner Van Dyke announced
that he would hear any statement All
Yung wanted to make, when the latter
DTOhG Oub Will lilD bii0O IA Y
had been in the United States 20 years.
He Was sworn, aud in the course Of a
close examination brought himself tri-
umphantly out OF the close corner in
which he seemed TO be placed.
He said he came to the United States
in the first year of the reign Of the new
emperor, over 10 years ago, on the
largest steamer in the ocean trade,
which was afterwards burned at Yoko.
hama. He was week in San Francisco
and then came south. He worked seven
wears at the Hancock place, west of the
city, digging brea, and alter that worked
on the railroad being built TO Yuma, on
farm work or anything he could get
to do.
MIR. Denis who was familiar with the
Hancock family history questioned All
Yung closely about them, and he dis
played on intimate knowledge about
different events, such as the birth OF
twins while he worked there, the death
of one of them, and the birth of another
boy after he left the ranch. He knew
Mrs. Hancock. He had also worked a
year for Martin @. Marsh, and for Mr..
Hammel. He remembered that there
had been riot id Chinatown years ago,
but it was before he came.
During the noon recess the district
attorney verified the statements of All
Yung in regard to the Hancock family,
and it became evident that he told the
truth, unless he had gone back to China
in the meantime, and this he denied,
saying he had never been back.
Marshal Gard went on the stand after
recess and gave the date of the Chinese
riots in Los Angeles 80 1871.
District Attorney Denis then stated
that the government had failed to make
out case under the complaint. He
said nothing about the registration
clause Of the Geary act, but moved the
dismissal OF the charge on account OF
failure to establish the allegations m ade.
Commissioner Van Dyke briefly coin
eided with the district attorney and
granted this motion, discharging the
ChinGman.
ANoTHEB ATTEMPT.
After the discharge of Ah Yung the
liet of complaints was gone through and
another Ohinaman was selected tor the
next case. This time it was Chinese
cigar maker, who works in q Chinese
factory near the plaza. He wnH brought
to the court room.
But by this time the Chinese had be.
come thoroughly apprised of what was
going on, and some new dramatis per-
sonae appeared, among them being a
shrewd looking, gray-queued Chinaman
! from San Francisco, supposed to repre-
sent the Chinese Six companies and to
bava rome To Los Angeles prepared To