The herald., 1898-03-05
PHIBBS DEMONSTRATES
BECAUSE A CHINESE MURDER
CASE Is DISMISSED
FoNe DIP SAM GOES FREE
"A Surprise Caused in Department One
by Judge Smiths Action-Mc-
Comas Expresses Himself

Yesterday Whlle Judge oHhth VI th'
superior court was looking into his calen
dar for an open day on which to try ;
continued case, he found that Fong Dill
Sans trial for murder was set down fol
the 18th. The court asked Deputy Distric
Attorney McComas what the chances wer'
in the case If it came to trial.
'"rhere are only Chinese witnesses in 1t,
added the judge, land nobody believe:
them. What is the use of having all thu
miro in ore of these gauzy cases dragged
into court for no purpose. suppose thai
there is probably one chance in Thousand
of securing conviction. This case ough
to be dismissed"
Mr.. McComas replied laughingly thai
there were, maybe, two chances in 6
thousand that Fong Dip Sam might be
cinched. Acting upon the suggestion OF
the court, he made a motion for its dis
missal, and the judge so ordered 1t, ane
also that the defendant be discharged from
custody. This was done very soon alter
ward, and Fong Dip Sam breathed free all
once again after seven months impris'
onment.
II cannot see the reason for 1t,
excitedly exclaimed Attorney Phibbs In
the district attorneys office in the alter
noon, as he limited of many things to a
Herald reporter in connection with the
proceeding in the forenoon in Department
one of the superior court of the dismissal
of the Fong Dip Sam murder case. AL
that Mr. Phibbs hinted may be very true
but it would be imprudent to repeat 1t all
He was as mad as halter.
"About 8 o'clock in the evening of the
2Sth of June 1897 said Attorney Phibbs
"Leung Seung, clothing manufacturer
of 4OS North Los Angeles street, was shot
i,,+ +1,a =, Il l,1-E hin Sam and his
partner, ing Look, of the Hop Sing tong
who were rivals in the clothing business
with the other man. This occurred on the
corner of Marchessault and Los Angeles
streets, opposite the plaza, and was wit
messed by three Cinnamon and two white
people, who are all here yet and willing to
testify.
valry existing between the two firms.
Fong Dip Sam and ing Look had sent for
some sewing machine operatives to san
Francisco, and these left the firm and went
to work for Leung Seung soon after. That
made the house of Fong Dip Sam very in
dgnant, and on the afternoon of the muir
der the two members of the firm went to
the other Chinamans business place and
taxed him with his duplicity and threat
ened him with death. The same night they
shot him down like dog and fled
but the deed had been seen by at least
two white men.
.Leung Seung was carried to the receiv-
ing hospital, where his dying declaration
was interpreted by Joseph Sanders, a
white man, who speaks Cantonese quite
fuently. Seung positively accused FonS
Dip Sam and ing Look of the shooting at
that time. Sanders is now In the City of
Mexico, but his testimony in the lower
court is on file.
"A few days later Fong Dip Sam was
discovered by Detective Bradish and other
police officers in hiding in the Chinese
cooks room at the Natick house, on First
street, and placed in jail AS to ing Look,
he made good his escape to Ensenada
Lower California, where Constable j. II.
Johnston followed him with eXtradition
papers, only to find that the murderer had
a few days previously left for Mazatlan
and it is believed that he is now somewhere
in Central America.
"Leung Seung died in the county hos
pital on July 4th, but a short while before
his demise he again made dying declara-
ton, which was of the same tenor as the
first.
"Fong Dip Sans examination occurred
before Justice Owens. who held him with
out bail, Notwithstanding that LeCompte
Davis, one of his counsel. requested that
bail be allowed, and he was in Jail UP to
four hours ago.
of the murderer has been continued three
times in the superior court at the instance
of Mr.. Rush. the partner of Mr.. Davis, and
then always on the ground that Davis had
attended to the case in the lower court and
knew all about 1t, but that he was away
on a visit in Kentucky.
but T. said Mr.. Phibbs, "of counsel for
the prosecution and hired to assist the dis
trict attorney, was ready at all times to go
to trial. l was not in court this morning
when this case was so unceremoniously dis
missed, but as soon as I learned of the ac-
ton l came over here to find out how Mr.
McComas could make up his mind to dis
miss a case which he has hitherto expressed
q positive determination to try"
In the district attorneys office the dis
missal also caused surprise. An effort may
be made to have Judge Smith rescind the
order given and to cause the re-arreSt OF
Fong Dip Sam, if he has not already taken
the road to rejoin his more fortunate part
ner, ing Look.
When Deputy District Attorney Nc
Comas was seen in reference to the mat
ter, he said: "Well. let them hop on to the
judge, not on me. 1 did not know the cir
said from the bench that it was very
'gauzy' case, that ought not to be pre-
sented at all, what could do? moved its
dismissal then at his urgent solicitation as
you heard yourself, and he dismissed it
right there. Let him now assume the re-
sponsibility of the act. l beg to be ex-
cused.''