Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1909-10-29
BRATTLEBORO LOCAL
SPICY HEARING IN CHINESE CASE
Judge Martin and Attorney Walsh Had
Difference Of oplnlon-clalmed that In
speotor Abused His Discretion.

Judge Martin and Attorney Walsh Had
Difference Of oplnion-claimed that In
speotor Abused His Discretion.
Habeas corpus proceedings were held
before United States Judge ]. L. Martin
in ms office in the American building
Monday afternoon, brought to secure the
release OF Chinese immigrant Chin Hen
LOCK, and the hearing was the spiciest
one that has occupied Judge Martins at
tentlon in a long time. Chin was given
a hearing before Inspector Arthur L.
weeks OF Rlchford, who decided that he
was an alien and had not been identified
as native born citizen and the proper
holder of certificate which he exhibited
as emitting him to return to this country.
Chin appealed to the secretary of com
merce and labor, and the acting secretary
OF that department sustained Mr.. Weeks's
decision, whereupon habeas corpus pro-
ceedings were brought on the ground that
MT Weeks abused his discretion. ]. J..
walsh of Boston, young man, appeared
Tor the Chinaman and District Attorney
Alexander Dunnett of st. Johnsbury was
present in behalf of the government
Mr.. Walsh put Mr.. Weeks on the stand
as witness, the only one who was ex-
amined. Mr.. Walsh attempted to show
by him that information which was asked
in preparation for the appeal was not
furnished and that Inspector Weeks de-
clined to inform himself concerning GER
tain important matters Of evidence to
which his attention was directed and that
his decision was arbitrary and an abuse
Of discretion. Judge Martin asked Mr..
Walsh if he meant to say that Mr. Weeks
acted in bad faith Mr.. Walsh assured
the court of his respect for Mr.. Weeks
aud preferred to characterize Mr.. Weeks s
decision as an abuse of discretion.
As the hearing progressed Mr.. Weeks,
whose tranquility was plainly disturbed,
mentioned evidence which had come to
him involving an agency issuing bogus
certificates to Chinese immigrants, and
at this point the music started. The
court, who as district attorney. did more
than any other man who ever lived to
drive Chinese immigration away from Yer
mont ports of entry and who knows the
Alpha and the Omega of the Chinese i'm
migration business, appeared to be i'm
pressed with the suggestion of fraud,
and he Immediately ruled against a ques-
ton which MIR. Walsh had asked the
witness Mr.. Walsh insisted that he was
within his rights and he undertook to so
convince the court, but Judge Martin was
equally positive the other way. At length
Mr.. Walsh arose, but he had not spoken
many words before the court directed him
to sit down, and thereupon Mr.. Walsh
took an exception to the courts ruling,
to be carried to the United States Circuit
Court of Appeals.
During this part of the hearing the sit
uation was somewhat tense, and later
Mr.. Walsh expressed his high regard for
the court, but said he was convinced
that an injustice was being done to his
client and he asked the court that as a
matter of courtesy he be allowed to ask
Mr.. Weeks the question, Notwithstanding
the courts ruling, and the court finally
stated that Mr.. Weeks could do as he
pleased about answering it. Mr. Weeks
made no objection to giving an answer
Mr. Walsh stated that Chin Hen Lock
formerly lived in Waltham Mass, and
that had the inspector ascertained, as
requested, where Chtn's residence was at
the time the census was taken, he would
have been able to produce witnesses who
knew Chin in this country He had two
witnesses in court, but they were not
used. Mr.. Walsh said he was perfectly
sure Chin was a citizen of the United
States and could prove 1t if he had full
opportunity, whereupon the court ex-
pressed his conviction that Mr.. Walsh
was doing his best for his client. The
court stated, however, that the law of
Congress made the decision of the in
spector final except on appeal to the de-
partment of commerce and labor, and
that in case of appeal the decision of the
department was final He said it was not
for him as a judge to sit in judgment
a matter of this kind and that he should
consider it detrimental to the sovereign
power of the country for him to do So
Another point raised by Mr.. Walsh was
that the decision of the department of
commerce and labor was made by the
acting secretary whereas the statute
says that the secretary himself shall hear
and decide such cases. He asked to be
allowed to obtain the affidavit of the sec
rotary, but Mr. Dunnett agreed that the
decision was made by the acting sec
reary, as appeared on the record. The
court gave Mr.. Walsh until today to sub
nit a brief and said he would consider
the case tomorrow and Monday before go
ing to New York
Everybody in the courtroom was inn
pressed with the brilliancy of Mr.. Walsh.
He had an exceptional command of Eng
fish, meeting every unexpected situation
in which he found himself without hest
tation and with rare diction.