The San Francisco call., 1905-05-02
STEPHEN AFOUL
OF BYINCTON

District Attorney Byington and Chief
Surgeon j. l. Stephen OF the Central
Emergency Hospital clashed last night.
Stephen refused to wait for Assistant
District Attorney Thomas Kennedy TO
take dying statement from Lee Tong.
a Chinaman, who was fatally stabbed
by Lee Tie in a house on Union street
The injured man and his assaiiant
were brought to the Central Emergen-
cy Hospital by Policeman ]. ]. Casey
Casey notified headquarters and De-
tective Ray Silvey and Assistant Dis
trict Attorney Kennedy were immedt-
ately sent to the hospital to take
Tongs statement. DR.. Stephen was IN
formed that they were coming, but ne
refused to wait for their arrival
When Kennedy and Silvey reached
the hospital fifteen minutes after the
stabbed man had been brought in. they
found him in the operating room al
ready under an anesthetic. 1t appeared
very likely that the man would die and
Kennedy was wroth at the action or
Stephen in ignoring the District Attor-
ney's office. He said that in the event
the Chinaman should die the State
would have no case on which TO prose-
cute the murderer. He could not un-
derstand why Stephen refused to wait
when he was informed that the mem
was on his way to the hospital
While Silvey and Kennedy were pro-
testing against Stephens actions, the
chief surgeon was busily engaged IN
operating with the assistance OF DIR.
Jules Simon Of the Health Board
Stephen would not wait five minutes
that the dying statement might be
taken.
Kennedy failed to get any explana-
ton from Stephen for his action. and
summoned District Attorney Byington
from the Grand Jury rooms in the City
Hall. Byington, accompanied by Fore
man Andrews of the Grand Jury. went
to the hospital to demand an explana-
ton from Stephen. The head surgeon
made the statement that the Chinaman
would not die for several hours Dis
trict Attorney Byington thought this
a broad statement for any physician to
make off hand, and told Stephen that
the dying statement which would be
the States principal evidence in the
case was extremely important and that
the doctor should have waited five min
utes for a representative of the Prose-
cutting Attorneys Office. As it would
be at least five hours before Tong
would be able to talk and then possibly
not with any degree of intelligence. the
detective and assistant District Attor-
ney were obliged to go away without
aCCOmpl1Sn6Q
Byington informed Stephen that in
the future he should demand that a
dying statement be taken before the
operation.
Foreman Andrews, after hearing By
irgton's emphatic talk to Stephen, in
spected the hospital. In case the in
jured Chinanian dies, Andrews inti-'
mated, he would pursue an investiga-
ton of Stephen on a charge of GRIM
;rol noo1iolnCo
Foreman Andrews questioned the as
sistant surgeon on duty as to the rule
established by DR.. ]. 1. Stephen to the
effect that no capital operations could
be performed unless the chief surgeon
were present.
'sSupposing that you cannot find the
chief surgeon, will you let the patient
die?" was the pertinent question asked
by Andrews. There were times when
he could not be found / understand"
On second thought Andrews with
drew his question, realizing the difficult
position of the assistant surgeon.
This rule will be the subject OF strict
Grand Jury investigation.
The injured Chinaman is cook en-
ployed by James H. Borland. surety
man having offices in the Crossley
building. Lee Tie went to Tong's room
in the Borland residence about 1880
O'Clock last evening to endeavor to col
lect some money. He says Tong has
owed him 800 for twelve years and all
attempts on his part TO collect the
debt have been fruitless. On Tong's
refusal to pay last night Lee Tie
whipped out a large knife and at
tempted to murder his victim. Screams
were heard by Mrs. Borland and her
daughter Policeman j. j. Casey, who
was passing at the time. was called.
When Casey burst into the room the
two Cinnamon were struggling on
Tong's bed. Casey handcuffed Tie and
rushed Tong to the Central Emergency
Hospital.