The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-07-22
NOT BELIEVED HE PRACT|GO STRATEGY
JUDGE EsTEE ORDERS KUT YONG
DEPORTED.
Her Alleged Father, Husband, Uncles
and Aunts Fail to Convince His
Honor-The Laws Policy.

United States Judge Estee this after
noon rendered a decision that the Chi
nese girl Kut Yong is unlawfully in
the United States and must return to
her native land She was at once taken
in custody by Deputy Marshal Herdry,
and will be placed on a China steamer
to go back
The young woman claimed to have
been born in the Islands and to Dc tht
wIte OF a Chinese merchant named I'm
Yee The latter and Mau Quon, tie
girls father, her uncle and other rela-
tives testified to the facts of birth and
marriages, but Judge Estee disctedits
their testimony, pointing out many ma
terial contradictions. and holds that
the defendant has failed to show that
she is Hawaiian born, that she is the
wife of Tin Yee or that Tin Yee is a
merchant.
After pointing out many contradic-
tions between the evidence given by the
girls father. husband uncles and aurt.
the decision says:
Counsel for defendant claims that
as the evidence upon the questions Of
the birth of this woman in these ISL
ands is uncontradicted. that therefore
it should be believed. 1t is well
known principle of law often adJuli-
Gated that evidence to be believed must
not only proceed from the mouth of
credible witness, but must be such as
to be credible in itself, such as the
common experience and observation of
mankind can approve as proper under
all the circumstances. The manner OF
the witness. the imprObability OF mis-
story, his incapacity to recollect lbe
transactions testified to, his sympathy
or bias in favor of the person for whom
| he is called, his interest in the result
of the cause, his relations with and
! friendship for the defendant, the entire
situation under which he testifes,. all
this may justify the Court in wholly
I rejecting his testimony even in cases
! where he may not be attacked IN his
/ reputation or contradicted by other
| witnesses
! AS to the claim that Kut Yong is the
wife of Tin Yee. a merchant, the Court
( held first that Tin Yee, who is manager
of a rice plantation is not a merchant at
all, but laborer Under these circum-
stances even if she were Yees wife,
| the Court would refuse to admit her
unless she was born here, but the Court
does not believe in the marriage at all.
The decision says:
"All the evidence in relation to the
'so-called MARRIAGE of Tin Yee and the
| defendant is a tissue of contradictions
and suspicious circumstances"
The decision further says:
LAS to the exclusion of Chinese. this
! territory has now neither a law nor an
exclusion policy of it's own. The laws
| of Congress prevail. And while 1t is
/ true the United States has always well
! coined Foreigners to its shores, yet the
Foreigners so welcomed have always
been those who assimilated with and
became a part of our people.
''This nation has never favored the
| immigration of people who will not
make citizens 1t is American citizen
| ship and not laborers for America
which our laws most encourage; but
/ Chinese are a very inferior material out
of which to make American citizens. A
man to be a good American citizen
must be capable of stuuying our laws,
speaking our language and adopting
our customs. The United States in
common with many other peoples have
taken long steps towards keeping Chi
nese laborers out of our country. And
to that end the treaties with China, the
statutes of the United States passed in
conformity to those treaties and the
decisions of the Courts Rre a unit
against the admission of Chinese labor
ers, and this action by this nation is
prompted by the highest principles of
self preservation"