The San Francisco call., 1905-02-08

chair and extract from him the con-
fession he made to the Grand Jury or
taking $3.50 and sometimes S215 a week
from Chan Cheung, the statesman
who disbursed the Chinatown corrup-
ton fund. 1t is not believed, however.
that the sergeant is in mood to do
any more confessing. The law is that
a policeman accused before the COM
mission shall be given "a fair and i'm
partial trial" A fair and impartial
trial is one conducted according to the
procedure and rules of evidence that
obtain in the courts.
1t is a question whether the Grand
Jury will surrender the transcript 1t
has of Ellis confession. Foreman An
drews said yesterday that he did not
think 1t would be right or legal to dis
close what took place in the secret
chambers Therefore if Ellis refuses
to testify before the commission 1T
looks as If the board will not be able
TO pry into the corruption in China
town. The hearing thus far has been
held on the charges that the sergeant
neglected his duty by permitting gam
bling to be carried on and that he not1-
fed the fantan managers of the ap-
proach of Commissioner Hutton for
the purpose of making a raid on the
night of December 29.
SAYS CARPENTER GAVE TIP.
One of the Chinese witnesses testified
that L. c. Carpenter, an attorney who
had been cooperating with Hutton,
warned Chinatown of the Commits
sioner's intended visit, and this FUR
ther clouds the case against the ac-
cused sergeant. The powers of the
commission are largely arbitrary, how
ever, and it is understood that the
chief purpose of the members is to es-
- hot g
can be dismissed from the department.
Lee Sing was recalled to the stand
last night. He repeated the story he
told at an investigation several months
ago that he was in a gambling resort
on Spofford alley on one occasion when
two policemen came in ostensibly to
raid the place. An interpreter was
sent for, and after he had whispered
to the minions of the law for few
minutes they departed without making
any arrests.
Members of the Chinatown squad
were called before him and he identi-
fed Patrolmen Charles E. Mum and
William Doran as the two policemen
whose strange conduct gave rise to
suspicion.
Chin Fee once more told how his
house at II Ross alley was constantly
visited by the police and the operations
age until he began making a weekly
contribution of $40 to the corruption
fund After that no policeman ever
came in sight and his games were not
molested.
William Minehan, who accompanied
former Commissioner Hutton on the
raid of $40 Washington street the night
of December %. was the first witness
called In the hearing. He was unable
to say that any gambling was going
on, for by the time entrance was cf-
fected all evidence had been removed.
ORDERS TO STOP GAMBLING.
from superior officers as to the fantan
games?" queried Drinkhouse.
ITO suppress gambling in all forms"
was the answer of the patrOlman.
It appeared that the witness did not
know much about the game of fantan,
and 1t was difficult for him to explain
conclusively that gambling was carried
on in the place that was raided.
Sergeant Ellis arrived about ten min
utes after Hutton, L. G. Carpenter and
the witness had gained entrance. The
sergeant came in response to whistle
call by the Cinnamon.
At this point Commissioner Poheim
essayed propounding the law, tried to
swing a phrase in Latin and made a
laughable failure Of 1t. He said:
THE Supreme Court has ruled that
the discovery Of gaming paraphernalia
in place is bona fide evidence that 1t
is a gambling resort.
Chan Cheung's array OF lawyers,
who sat punched in a corner with ex-
Governor Budd in the center. Uttered
irrepressibly and the young president
of the commission realized that he had
better confine his exploits with the
dead language to the writing Of pre-
scriptions.
Minehan was excused from the
stand, whereupon Budd stepped for
ward and said his client, Chan Cheung.
whom Ellis named in his confession as
the disbursing agent of the corruption
fund, was present in response to a
subpoena.
But" said the former Governor, I'VE
must advise him not to testify, taking
advantage of the constitutional priv
ilege that he cannot be compelled to
incriminate himself. While we have
no fear of the consequences, 1t would
not be in the best interests Of his case
for him to go on the stand at this time.
The police committee of the Grand
Jury has left us in the dark as to the
evidence against Cheung, and this
gambling phase may be 1nterlaced
with the charge of murder. He is un-
mittee kidnapped him and held him
prisoner for forty-eight hours without
warrant Of Law"
''The police committee Of the Grand
Jury has done many funny things"
interjected the quick-spoken Poheim.
We'll, they unlawfully restrained
him of his liberty" was the only COM
ment Budd made.
He added that the evidence that
was adduced to connect Chan Cheung
with the killing of Tom Yick had
flashed into the memory of the wit
nesses at late day, long after there
had been thorough Investigations Of
the case by former Grand Juries."
Chan Cheung was accordingly ex-
cused from testifying.
A call was made for another Chi
nese witness and then 1t was discover
ed that the following Chinatown
statesmen had ignored the subpenas
the commission Issued for them: Chin