The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-07-23
KUT YONG
GOES BACK
Chinese Girl Not
a Citizen Of
Hawaii.
NO REFERENCE
TO ATTORNEYS
Judge Estee Renders Decision
Holding That She Was Not
Born Here.

United States of America against Kut
Yong, the Chinese girl who attempted
to evade the exclusion act by hasty
tation of the girl. and she was turned
over to the United States marshal to
be put aboard Chinese ship.
Judge Estee, in passing upon the
case, did not even refer to the mar
rage of the defendant in Honolulu,
holding that the evidence failed to
show her marriage with Tin zee, or
that he was a merchant within the
meaning of the law: further, that the
evidence failed to substantiate the
claim that she was born in the Ha-
waiian Islands.
In referring to the case before read
ing his opinion, the court said: While
this is a comparatively usual and I'M
important matter yet by reason of the
ability and learning of the distinguish
ed counsel. The strife Of one to keep
her here, and of the other to send her
back, nearly all the important parts
of the exclusion act are raised
The history of the case is still fresh
in the minds of the public. coupled as
it was with the sensational attempt
of Attorney Fitch to outwit the law
by the marriage of Kut Yong. The
court first refers to the point raised
by the defense as to the alleged birth
of defendant in the Islands, stating
that IF she We're born in the Hawaiian
Islands, as claimed, although of Chi
nese parentage. yet she would be an
American citizen and entitled to re-
MAN,
Also, IF she We're proven the wife
of Tin zee, and he We're a domiciled
Chinese merchant, she would be equal
ly entitled to remain"
The court then calls attention to the
great discrepancies in the evidence
as to the birth of the child. All the
witnesses for the defense, he said, were
Chinese and with the exception of
possibly one. Hey Dong, are related
to this defendant.
Continuing, the court says:
There is nothing clear or definite
either as to the birth of a child known
as Kut Yong in Palama at the time
and under the circumstances testified
to, and certainly nothing which is sat
isfactory as proving to the court that
even if such a child had been born in
the Islands under. such circumstances,
the defendant is such child grown to
womanhood So the reasons given for
the Identification of this young woman
are absolutely unconyinctng, and in
their detail extraordinary. Ahin gives
as his reason for knowing her after
the lapse of so many years. because
she is my relative" The other alleged
uncle, Chu Quon, because I worked in
the same place with her father" and
Yong Wa Soy, still another alleged I'M
Gle, because l saw her in China; be-
cause she is my brothers daughter"
Tin zee says he played with her as a
child in Palama, and knew her by her
appearance: while Kut Yong says, 1.-THE
first time / know this man was when
| he was in China; before he married
me l did not know about him. at ALL"
The facts are evident that the defen-
/ dant is a Chinese woman. In speech
and dress and mode of living she is
! thoroughly Chinese. While asserting a
claim of birth in these Islands, and
a marriage with Tin zee, a man who
cannot speak English, but who also
claims to be a native of these Islands,
she still calls China her home"
| There are five witnesses who testify
as to her birth in these Islands. but in
an uncertain, indecisive and CONTRA
dictory manner. All five of these wit
nesses are Chinese, and are all related
| to the defendant and interested in the
issue of this proceeding.
1t has been held that unless the
court is fully satisfied with the truth
of the testimony of Chinese witnesses,
it's finding should follow the presump-
ton that a Chinese person coming from
China, and seeking to land in this
country is an alien. and not a native
born citizen of this country
Further on the court says: THE
court therefore holds that the pre-
sumption in this case is that the de-
| PENDANT is an alien, and not native
born American, and that such pre-
sumption has not been overcome by
the testimony adduced in her behalf.
The second claim of defendant TO
remain. namely, that she is the wife OF
a domiciled merchant is two-fold, In
that it is necessary for her to prove
affirmatively that the alleged husband,
Tin Yee, is merchant in the sense
used in the statute, and second, that
she is his wife So Tin zee no.
where clearly establishes in the testi-
lmony given in this proceeding that he
was a merchant. On the contrary, the
testimony clearly shows that he acted
as manager of the rice plantation OF
the Sun Wo Wing Company, and as he
Testified, worked on it's plantation and
took charge of its business
In conclusion the court holds: All
the evidence in relation to the so-called
marriage of Tin zee and the defendant
is a tissue of contradictions and sus-
picious circumstances. The date Of the
marriage is uncertain and vague; ever
the chief parties in interest differing as
to the time. Hoy Sung. a particular
friend of Tin zee, testified that ne
went to China with him two years
ago, and was there when he was mar
ried;" while Tin zee himself says ne
was married four years ago, the de-
PENDANT says it is over three years age
| since she was married.
Tin zee says after marrying his WIG
he lived with her seven months; she
says he lived with her five months
, when he returned to the Hawaiian Isl
ands, leaving the wife in China. Ahfn
the alleged uncle, braught the woman
!, here on the Doric, when he returned
to the Islands after a visit to China