The herald., 1898-04-16
GONE TO THE JURY
The Fate of Policeman Phillips Not
Yet Decided

Yet Decided
The case of Wong Sun Suey against Po-
lice Officer Ross Phillips, which has occu-
pied Judge Wellborn's attention during
the past three days, was submitted to the
jury about o'clock yesterday afternoon.
The trial has attracted more than the
| usual amount of attention, as it was the
first action brought by the Chinese to
claim damages in the federal courts and
| was practically a test case. The real
question at issue was not how seriously
Wong Suey was injured by Phillips, nor
what damages he could claim, but whether
Chinaman has any rights under the
laws of the country that man in a po-
liceman's uniform is bound to respect.
The evidence developed in the trial is
substantially this: In April, 1897 Phillips,
when about thirty feet from Suey's store
on Marchessault street, saw two watch
ers" standing on the sidewalk in front of
the door. He thought from indications
that the inmates were gambling and ran
to the store. When he entered he found
some fifteen or twenty Cinnamon present,
a blanket on the table with beans lying
on 1t, thought he heard money rattle and
saw the defendant standing against the
shelves with his hands behind him hold
ing fan tan cup. Phillips saw a box un
der the counter and pulling it out found
an apron in which were beans, stick and
the paraphernalia of the game. His in
ference was that gambling at fan tan had
been going on and that the table cover and
contents were hastily gathered up and
hustled into the box and that he had heard
coin rattle as each player had seized his
share.
Suey, it was claimed, had grabbed him
by the neck and the officer in self-defense
dubbed him over the head, infictinG a
scalp wound and a cut near the corner of
the right eye.
Suey was carried to the receiving hospi-
tai, several surgeons summoned, beside
DR.. Hagan, his wounds sewed up and he
he lay unconscious for hours afterward.
Suey denied having seized Phillips and
testified that he said, What are you doing
here?' Suey is IS years old, fully as
mummylike and parchment-faced as the
rest of his countrymen at that time oflife,
if not more so. His wrists are about as
Samson-like in strength and size as
child's, and he has a crippled hand on
which there are three fingers. Officer
Phillips is young man above the average
physique, who will at the next election
cast his first vote, having just reached his
majority, and was at the time 20 years of
age.
w. e. Dunn, attorney for the defendant.
in presenting his argument alleged that
the case was brought by the plaintiff to
extort money from the defendant in the
sum asked. s5OS5. F. E. Davis, counsel for
the plaintiff. in summing up the testi-
mony, spoke an hour and a half and
gave the police department a severe and
scathing arraignment. His denunciation
was not aimed at the department in per-
sonal sense, for he said: There are men
who wear the blue uniform and brass but
tons who are Gods noblemen." Phillips,
he said, had exceeded his authority; there
had been no testimony brought out to
prove that there was gambling, and had
there been it was no reason why an infirm
old man should be beaten into insensibil-
ity. Because a man is a Chinaman is no
excuse for entering his house or his place
of business, invading his privacy, inter-
fering with his rights nor inficting upon
him personal abuse. The question at issue
in this case is not judgment for damages
but whether a Chinaman has any rights
under our laws; whether in their own
homes and places of business they can be
protected.
At 10 o'clock last night, the jury, having
failed to reach an agreement, were locked
up for the night.