The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-02-06
AN OPEN LETTER.
From Attorney Witter to
Lyman |. MOwry.
United States District Attorney Gar.
ter Defends His Office Against
Newspaper Attack.

The following open letter was addressed
yesterday by Assistant United States At
torney Witter to Lyman /. MOwry, we'll
known attorney of this city, who for years
has been and is now one of the lawyers
constantly employed by Chinese who are
In trouble of any sort. The letter reads ::
Lyman L. MoWry, Attorney-at lar, San Fran
cisco Cdl.-HIR: !naSmuch as the article in
this (MOnday) mornings Examiner with refer
ence TO the failure Of this office TO arrest d
Chinaman by the name OF Wong Bang was
actuated by you, and Gnasmuch as you first fur.
nlSned information TO the United states Attor-
ney upon which to proceed. and thereafter, upon
being repe atedly requested so TO do, refused
either to swear TO complaint or 10 furnish
evidence against him for the use of the United
States Attorney upOn trial, desire
once more 10 give you the following
opportunity: If you will either swear
person 10 do so, TO the effect that Wong Bang
is a iabOrer and an ex-convict within the mean
lngs OF the provisions of the McCreary act and
furnish evidence to support the allegations of
the complaint, tile United States Attorneys
Office WIFI be pleased to cause a warrant TO
issue and lend its aid 10 you in every manner
possible 10 The end that the said Wong Bang
may be depOrted 10 China.
When you first gave information TO his Office
we caused an investigation TO be made by the
police detectives of this city, who reported mat
aud therefore not liable 10 prosecution or depor-
tatioD under the provisions of the McCreary
act. Respectfully yours,
Assistant United States Attorney.
1.-THE article in question:" said United
States District Attorney Garter, 'as usual
does my Office grave injustice. The list
furnished by Collector Wise of the Chi
nese felons contains, | am reliably in
formed, the names of Chinese who are yet
serving sentence and of other Chinese
who have been hanged for their crimes.
This Office is more than willing to deport,
not only Chinese felons. but any and ali
Chinese who are subject to deportation,
done by my Office will clearly show that
both myself and my assistants have
neither been idle nor negligent in the mat
ter of Chinese deportation. The follow
ing summary can easily be verified FROM the
records of the courts"
1S82-Writs issued by the United States
courts, L OBSTRUCTION act May, 1882; Chinese
deported, none.
18S3-Writs issued. 1913 OBSTRUCTION act
May: 1892; deported. none.
1SS4-Writs issued, 4S3 (restriction act May,
1884; deported none.
1SS5-Writs issued, 523 (restriction act May,
1880; deDorted, nom.
1886-Writs issued, 329 OBSTRUCTION act May
1880; depOrted, none.
1887-Wrlts issued, 25z5 destruction act
May 1884; deportrd 100.
1SSS-D rits issued. 1878 (ScOtt exclusion act
October; depOrted, 1873.
1s89-Wrlts issued, $50 (Scott exclusion act
OctobeD; deported, 81.
1890-Writs issued, 1918 TO November /
(Scott exclusion act October); deported 81
s7 io'A' WINS '''ueu' i''''i' '0'a' oep0r'eo'
Writs issued and Chinese deported during
Uuited States Attorney Carriers term:
1890 to December 31-Writs issued, ISL !:
deported, 25.
f891-Writs issued, 141 CIV. G. witter. AS
sisfant TInjtah A.
ported. 3S8.
s92-writs issued, 22o (Geary act May;
1893-Wis issued ,234 CMcCreary act oc-
tOber); deported, Sc.
Total writs ISSUED, 746; total deported, sos.
Grand total of writs issued, IA, 1877.
Grand total OF Chinese deported, $40.
ut will be seen that during my term Of
little over three years to date more Chi
nese have been depOrted by 123 than dur
ing the years from 1882 to 1890 inclusive.
Now as TO Chinese felons. The McCreary
law says that Chinese laborers who are
felons and who failed ito register under
the Geary act shall be deported. There
was nothing in the Geary act concerning
felons. and under the clause of the Nc
Creary act relating to felODs we have at
this time two cases pending before Judge
Morrow that when tried will give us
precedent upon which to work in future.
Until these cases are tried / do not feel
that would be justified In putting the
Government TO the expense. the officers to
the trouble and work to arrest Chinese
felons by wholesale and deprive men,
even though they be Chinese, of their
liberty without assurance that we could
convict and deport them. This office has
no detective force at its command nor do
think either myself or my associates are
required or expected to swear to every
complaint that every Tom, Dick or Harry
comes Ia mere TO make without evidence to
sustain it.
III any citizen desires the arrest of a
Chinese felon and has the evidence to
prove be Is felou and will swear to a
complaint and submit his evidence he will
find this office ready to serve him, but for
you or any other man to come into this
Office and merely announce you want So
and-so arrested and want me or one of nv
assistants TO assume the burden of COM
plant and proof is not enough. l want to
add that it is through no fault of this Office
or OF Judge Morrow that the Chinese felous
already arrested have not been tried. Our
calendar has been crowded and the cases
can only be reached in their turn"
- Ii Is true" said Assistant District At
torney Witter. that refused positively To
swear to complaint for the arrest of Wong
Bang, but not for the reason alleged by the
Examiner. Detectives Cox and Glennon
reported to me that Wong Bang was
partner in drugstore, and others whom
had investigate the matter told me that 1t
would be impossible to prove Wong Bang
a laborer at any time. This didn't pre-
clude Mr.. Mowry from swearing out
complaint against Wong Bang. nor does it
now preclude him, and 1 have invited him
to do So