Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-10-12
RESULTS IN A NON-SUIT
Attorneys Object to Remark Of Justice of
the Peace.
Futile Attempt to Procure Testimony
of a Chinese LftiEant-rhreat
of imprisonment.

On account Of the filing of a motion,
based on the ground of newly discovered
evidence, in the case of Noy Chink against
Moy Sen You. Francis c. Mattingly justice
of the peace, granted the defendant a new
trial The case involved a claim of $150 for
money alleged to have been loaned the de-
PENDANT by the plaintiff more than a year
ago. AT the first hearing of the case the
sitting magistrate decided in favor of the
plaintiff. The second trial was set for )
o'clock yesterday afternoon. At the ap-
pointed hour large party of celestials, in
GLIDING laundrymen and their friends, We're
in attendance.
The hearing started about one-half hour
late yesterday, and because of the trouble
experienced in getting the plaintiffs testf-
mony the justice of the peace made some
remarks which were not relished by Attor-
neys John A. Clarke and Robert Z. Mat
tingly, who represented the plaintiff and
they took a non-suit. The will now
be brought before another magistrate. This
action surprised both Mr. Shillington, who
appeared for Moy Sen You, and the justice.
Mr.. Shillington was inclined to enter pro-
test, but the justice announced that, under
the ruling of the Court of Appeals, counsel
had right to take non-Suit.
Considerable interest was manifested in
yesterdays trial by the Cinnamon about
the city, as it was understood there would
De Il claim set up tfldC some alleged nigh
binders were figuring in the case. 1t was
for this reason that so many OF them were
in and about the magistrates office when
the case was called.
Mrs Mary Collins, who lived in China, in
the province OF Canton, for many years,
was present as Interpreter, and while both
sides were willing to accept her services
in such capacity without requiring her to
be put under oath, there were English
speaking charmen on both sides to see
that the interests of their friends were not
injured by possible errors in the interpre-
tation of the testimony. In behalf of Moy
Chink appeared his cousin, All Sing, who
has figured in MANY legal battles, and
Charlie Tong Sing, who won distinction for
bravery while with the steamer Jeannette's
crew in the arctic expedition. He is far
more intelligent that the average celestial
and he did not hesitate to say he believed
he understood the Chinese language better
than most of them. On the other side sew
eral local Cinnamon listened to what was
said.
Moy Chink's Claim.
Moy Chink. whose claim was that he had
loaned Moy Sen You $50 for the pur-
pose of sending a Chinese friend to Cali
fornia In May of last year, and who fur
Their claimed that the other Moy has not
returned the amount. as he promised. was
presented as witness. Justice Mattingly
wanted to know something of the religious
status of the witness before he would per-
NIT him to testify.
Does this man believe in God?' the in
terpreter was told to ask him.
He says he's member Of church, was
Mrs. Collins answer, after she had list
ened to Moy Chink.
The justice said he did not know that
man believed in God merely for the reason
that he was a church member.
II do believe in God" as Chink's an
swer to the next question.
"Who Is God?''
Hes in heaven, UP above"
Now. Mrs. Collins" said the Justice.