The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-09-21
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erer raz under ffs~ps< believing that Re
had beer placed Under arrest The papers
ard letters we're no; given Up yossatarily.
Further than this, the supreme court
has heid thzs the Handwriting Of person
cannot be PROVEN by witness 81 conpar-
ing 4 with other documents. written ~
the accused except where the writing Of
the document IS admitted or established
In this case the only evidence that Gee
wrote these letters Is found in DR.. Gard
rer's testimony that the writing CORE
spondsd with that in the account book I
submit that THIS IS not competent evidence
under the rules OF the Federal court" IN
support Of this contention. Judge Ballin-
ger cited n number OF authorities and SUI
prsrre court decisions.
Mr.. Jennings followed Judge Ballisger
and after ne had concluded with quota
ton from Shakespeare. Mr.. Battle ended
the fight for the prisoner with a very
clear cat and logical argument sgainst the
admsssibility Of the letters. and the in
stf1ciency Of the evidence against the
prisoner. Mr.. Battle declared that the let
tiers found in Gees possession. signed by
others could rot in the least be consider
Ell as evidence that ne had engaged in a
conspiracy 10 aid the unlawful landing OF
Chinese.
Mr.. whltehead replied briefly. He said
that he felt some what handlcap ped in pra-
senting an argument on questions Of law
IN the presence Of the distinguished array
q legal talent. bat he believed that the
evidence contained in the letters was aa-
missile and competent. as showing that
the defendant had actually entered into a
conspiracy 70 defraud the government, and
violate The Chinese exclusion act.
The commissioners Opinion.
Commissioner Kiefer asked until go in
in the afternoon 10 announce mis- ruling on
the motion for the prisoners discharge
On reconvening court the commissioner
overruled the motion in the following opin-
ion:
In this case the defendant. Gee zee is
charged with having on the 18th day Of
July. IN the present year. at Port Towns
end knowingly brought into the United
States and aided and abetted the bring
ing in Of Chinese persons not lawfully
entitled TO land ia the United States
The government has introduced its
case, and counsel for prisoner moved for
his discharge upon the ground that the
evidence so far adduced IS not competent.
and upon the further ground that. even
II competent II is insufficient / think
that fairly states the motion Of counsel.
Now as 10 the competency OF the evil
dence. have reached the conclusion that
the letters taken from the premises of
the defendant are not proper for consid-
grafton at this time The account book
| shall consider for what II is worth. IL
Was practically taken from the person
Of the defendant. because il was taken
out of q coat which he recognized as his
and the proof pretty plainly connects It
with the defendant, and the letters pur-
porting to be signed by defendant. which
have been offered in evidence against
him, make out q probable case Counsel
for defendant In their arguments. have
assumed that / should consider this case
as If sitting upon trial If IT, That I am
glad to saw. is not the case am rot
trying this defendant; / am sitting as a
committ.rs magistrate. II is the duty OF
a commissioner under the statute to hold
the defendant IL he considers that prob
able case has been made out. and think
that by all the testimony in this case
probable case has been made out. I don't
think that would he justified. In view Of
Al that has been elected In this case in
aischargiug this defendant at this time.
That account hook. as | said Is pretty
well connected with him As to the book
and other papers. a great deal Of stress
has been laid upon the fact that the off
GERS a. that time were making a search
for opium under a search warrant. which
Is true. hut the evidence is that the de-
PENDANT turned ever the papers volun-
tarily at that time; that he was not under
arrest and no intimation had been made
10 him that he was 10 be taken into Gus
tody. and that ne voluntarily surrendered
these papers. ! cannot take this testi-
mouy for the purpose of this motion
otherwise than as true. because II is I'M
oontradicted and I shall have to overrule
this motion"