The record-union., 1897-11-14
HUM CHUNE WAS RELEASED
CHIN All ZION TOLD CONFLICT
ING STORIES.
Weary of Chinese Earces in Court,
Justice Davis Dismissed
the Charge.

| The preliminary examination of Hum
Chuna, charged with having assaulted
Chin All Mon with a deadly weapon
came to an abrupt termination in the
/ Police Court yesterday morning, and
| Hum Chune is again in the full pos
session of his liberty and his long re-
volver
| Hiram w. Johnson and Bissell Thom-
as appeared for the accused, and City
| Attorney Brown looked out for the lil-
! terests of the people, including Chin All
| Mon
! Chin All Mon the prosecuting wit
ness, testified that on the evening Of
| Thursday, the 18th, he was going TO
make a purchase of some opium, and
when he had reached point on / street
| between Second and Third, near the
Chinese theater Hum Chune sprang
from a dark nook and followed him as
far as the theater When in front of
the theater Hum Chune drew a revolv-
er, and laying it over his arm. pointed
it at the witness. The latter did not
wait for results but ran out to the
edge of the sidewalk and thence down
l street to Second. and subsequently
accompanied the officers to the Police
Station
The witness went with the officers in
their search for the defendant, and saw
them find him in room at the Suey
On Tong Club The room in which the
defendant was found was locked, and
the officers kicked in the door. The
witness further said that when he de-
tected Hum Chune as he was drawing
the revolver. he raised an outcry, and
the latter returned it to his pocket.
The cross examination, conducted by
Mr. Johnson, had proceeded but short
time when the noon hour arrived, and
when the court called a halt the City
Attorney got the floor. He explained
that the testimony of the prosecuting
witness differed widely from the story
told by him on the night of the al
legged assault. At that time he said
that he and George All Kee were stand
ing in front of the Chinese Theater
talking. while Hum Chune was walking
up and down along the edge of the
| walk away Hum Chune followed him
and drew the revolver.
The City Attorney also stated that
Officer Hardy was on the sidewalk op-
posite the theater when the alleged dis
turbance took place, and saw nothing
which would constitute an assault to
murder
Justice Davis inquired whether
George All Kee was to be a witness
for the prosecution, and when inform
ed that he had been subpenaed, curtly
responded that he would not believe
him under oath.
The Justice said he could, by the
testimony of the prosecuting witness,
see no grounds for an assault with a
deadly weapon as the mere fact of
the defendant exhibiting a revolver did
not constitute such an offense.
Attorney Johnson, who had taken no
part in the discussion, at this point
moved that the charge be dismissed,
and 1t was SO ordered
ANOTHER FARCE ENDED.
The cases Of Chin Cow Muey and
Ling Ying Toy came up before Judge
Hart yesterday on the charge Of killing
HON Cow N,iey.
District Attorney Ryan stated that
the case had been tried. and the jury
stood seven for conviction and five for
acquittal. He did not think a jury
could be secured to convict the prison.
ers. He therefore asked that the case
be dismissed. He had discovered since
the trial that one of his witnesses who
had stated on the stand that he was
disinterested was really interested on
one side. He did not wish to put the
county to a useless exepense.
The court said that these Chinese
cases always cost the county a large
sum- They We're generally between
rival factions instead of individuals
and the party having a man killed was
never satisfied until they had killed one
Of the opposing party, either the one
who did the killing or some one else
He did not believe a jury would con-
Wet under the conflicting evidence, and
he would therefore grant the motion
and discharge the prisoners