The San Francisco call., 1905-01-27
COUNSEL MOVE
FOR ACQUITTAL

Chun Ho, one of the four Chinese
slaves alleged to have been imported
to this country for immoral purposes
by Lee Toy and Da Silva, was cross
examined yesterday in the United
States District Court by Bert Schles-
niger of counsel for Lee Toy and by
Thomas C. West, counsel for Da Silva.
She asserted that she had not agreed
to come to this country for that pur-
pose. She also asserted that she and
the three other slaves-Leung All
Duck, Lee Gum Kew and Yuen Tsoy
Fung-had never conversed together
with relation to the charges made
against the defendants. All that they
had talked about. she said. was to
speculate whether they had gone to
st. Louis and how long they would
remain there.
Hart H. North, United States I'M
migrant Commissioner and Chief Chi
nese Officer at the port of San Fran
CISCO" was called to testify to the fact
that Lee Toy and Da Silva, represent
ing the Wong Yu Sun, sub7eoncession-
aries of the Chinese Village Company
at the st. Louis Exposition, had called
upon him and presented bonds for
$500 each for 172 men and twelve
women. who arrived by the steamship
Doric on August 6. Bonds were not
accepted by the witness for the four
women who had testified in the case
and Lee Toy and Da Silva were in
formed that the women would not be
permitted to go to st. Louis. All the
rest were allowed to go there and at
the close of the exposition were re-
turned to China in conformity with
the regulations.
Assistant United States District At
torney Ben l.. Mckinley objected to
this line of cross-examination by Sam
uel M Shortridge. Mr.. Shortridge ex-
planned that he wished to show that
the testimony of-the women was false,
because in the very nature of things
it was impossible for the defendants
to have prevented the return of the
women to China, as their admission
was sought for the specific purpose of
going to the st. Louis Exposition. I'm
der the regulations they were to be
taken thither under guard of Chinese
Bureau officials and were to be re-
turned to this city and deported to
China in the same manner as the rest.
The counsel proposed to show at the
proper time that under the circum-
stances 1t was impossible for the de-
PENDANTS to have meditated the offense
with which they had been charged.
Charles Mehan, chief of the Chi
nese Bureau. testified that he saw Lee
Toy talking to one of the four COM
plainants in the rooms of the Chinese
Bureau after the women had been ex-
amined by the officers Of the bureau.
He ordered Lee Toy to cease talking
to the women, and the Chinese did so.
This closed the case for the Govern
ment.
Mr.. Shortridge moved to strike out
all the evidence as to allege extra
judicial admissions of the defendants
because there was no other evidence
at all tending to show that any crime
whatever had been committed. He
read from opinions by Justice Field.
United States District Judge Hoff-
man. State Supreme Judges Mcfarland
and Garortte and others. The coun-
sci then moved that the jury should
be instructed to render verdict OF
acouittal upon the ground of the in
sufficiency of the evidence to estab-
lish the charge. Thomas c. West
made a similar plea on behalf of Da
Silva.
The court adjourned until 10 a. m.
to-day.