The Savannah morning news., 1904-07-24
Continued CASE
OF ARTHUR HUI
OBJECTIONS OF DEFENSE
FORMED FEATURE OF THE HEAR
ING OF ARTHUR IN NEW YORK.

...o,nev for Defense First Claimed
,hot commissioner There Had no
,,riSdictiOn, as Arthur Had Not
Re.n Properly Arrested-No War
Mt Had Been sworn Out-This
Vas Over-RuIed and He Began
ohiecting to Nearly Every Cues
zion Asked by Government.
The willy Arthur HUI is still in New
Work. United States Commissioner w.
Hewlett returned from New York
yesterday morning. At present mat
tors remain in statu quo, the hearing
nsfore United States Commissioner
Fields having been continued.
commissioner Hewlett, upon his re-
.,rn stated that the hearing in New
York was practically one mass of OBJ
actions on the part of the defendant.
He objected to everything that the
tinted States authorities attempted to
do and nearly every question asked
+be witnesses was objected to on the
gr,und that it was Irrelevant
that he was not properly before the
CONT. 1t seems that Arthur was ar
rested without a warrant and his at
torney steadfastly maintained that
these things ought not to be so. Then
he took the ground that since the ar
rest had not been properly made he
was technically not arrested, and,
therefore, not properly before the court.
A Mass of Objections.
After considerable argument pro and
con this objection was disposed of and
the trial ordered to proceed. Arthur
then decided that the United States
court there had no jurisdiction. This
objection was based upon practically
the same ground as the former and
was soon disposed of as a result.
The taking of testimony then be-
gan. Every time the United States
attorney asked a question Arthur's at
torney objected, claiming that the
testimony was iTevelant. Each OBJ
lection necessitated a lengthy argu-
ment and the hearing began to de-
velop symptoms. of lasting indefinite
ly.
commissioner Hewlett, before whom
Arthur's alleged perjury was commit
ted. was the principal witness for the
government. After much struggling
with the objections of the defendant,
and careful wording of questions, the
greater part of Mr.. Hewlett's evidence
was secured.
defendant Now Wants Time.
When United States Attorney Bur
nett was satisfied that he had made
out sufficiently strong case to justify
the New York commissioner in sending
the much-wanted Chink back to Sa-
vannah, he announced that the gov
eminent rested. Every one then wait
ed expectantly for the defense to begin
its case.
The first move on the part of Ar
thurs attorney was to ask for more
time He claimed he had not had suffi-
Gent time to work up his defense,
that witnesses were missing, End a
number of other grounds were brought
forward as reasons why continuance
should be granted.
Commissioner Burnett saw fit to
grant the continuance and that put a
temporary stop to the proceedings.
Shortly after Commissioner Hewlett
returned to Savannah. No date has
been set for the further hearing of
Arthur's case. 1t may be that a sec
ond trip to New York by Commission
er Hewlett will be necessary.
1t is the opinion of Commissioner
Hewlett, United States Attorney
Leaken, and other officials of the
United States Court here that in the
end the Chink will be brought back
The disposition on the part of Arthur
to fight the case out, however, will
probably cause the government some
difficulty in bringing him here.
What Attorney Leaken Says.
In speaking of the case, Attorney
General Leaken said yesterday:
Il cannot understand the basis of
the New York practice, as there are
two methods of removal, one where
there is an indictment, and the other
where there is not. 1t was objected
that this district would have no grand
jury until November, and that it would
prejudice the governments case to
continue. And further that the de-
PENDANT might have more difficulty In
giving bond here than in New York,
and that it was best to settle the
matter at once.
1t is interesting to notice that pend
Ing all these proceedings the China
man, Lung Chang, is still in Jail here
and so far has been unable to give
bond. OF course if the HUI case is
postponed in New York it must post
pone matters here"