Evening star., 1926-05-27
WAN INDICTMENT.
DISMISSAL ASKED
Ler'aert Submits Petition
!. f.''so Urging R:'ease of
Chinese on Bond.

dismissal ~ the murder indictment
8 against Iiany Sun Wan. who thrn<
tires has gone on trial for his life In
connection with the Sla'inc here In
1919 of Ben Sen Wu. Al underse ecre
sa:y At tho chinese Educational Mis-
SON. was asked TODAY ~ n petition
tilNd ~ Wilton i. Iambrit. chief Oi
counsel for tho accIiS Ad chinese.
e au urtnWarI t'e,a% is To b" en-
c"untered in action on the petition
rhe release ON hail cf the defenda mt
in the interim is asked.
d, Justice Auolph \. Hoehlne. who
cor scented to near The application. may
release Wan this afternoon thus Civ
irS him his liberty for The first time
in seven wears. 'iui.ng POT lion ot
which he wa> in the death cell AT the
Ei&triCt jail. his fist trial having
brought a conviction and sentence to
IN. yailov's.
Gordon TO See sargent.
United States ATTORNEY Gordon has
frequently announced that he will not
oppose the release Of the Chinese
u..uer a >atisla ctory bond. which he
thinks should he approximately
$4,000. Mai Gordon has had a con
ference with Attorney General Sargent
md says he will confer again With his
superior before deciding whether to
t'y the case again or to enter a
Dismissal.
wan is reported as being opposed
to a release on hail il il means an
indefinite postponement Of the de
cision to drop the case. He expressed
the desire to ne eyonerated by A jury
In asking for Dismissal of the
indictment, and II any unnecessary
FelSy accon1pa nies such action. tha,
he he admitted TO hail. the defendant
also asks the court. in fixing the
bond. to take into consideration his
very limited resources.
The petition reads:
After being confined in Jail since
February. 1919. under Indictment Tor
the alleged murder Of one Ben Sen
WI. petitioner was tried upon the
fourth count NJ said indictment in the
months or January and February.
1875. said trial lastins about FIVE
weeks and resulting in a dsa Sreer{,ent
Of the jury. 10 Of the jurymen voting
Tor an acquittal and . against.
Juries' Votes Are Cited.
"On "r about the 18th of April, 1925.
petitioner was again placed on trial
nd after five or six weeks trial and
about 40 hours of jury deliberation. q
disagreement was reported. with state
ments VARYING AS 10 the jury having
stood from 10 to 9 to q to 3 for ac-
nuittal. thereby the two iuries having
given petitioner zach vote of over
tvo.thirds-in fact. about so per cent
for complete eroneration of the
charge against him.
Petitioner says that not withsta nd
tnE the aforesaid facts. he has con-
tinued TO he confined in Jail and sub.
nlits that he Is entitled to his liberty
and eXoneration. In support of the
foregoing statements Of fact and allie
cations. petitioner submits the am
ria Wits of large majority Of the
Jurors who sat in each OF said trials,
with the concurrence of their individ
nal recommendation for dismissal of
the indictment and for the release OF
the petitioner.
Therefore the premises being con-
~idered. petitioner prays. first. that II
any appreciahle delay be necessary
pending said dismissal. this honorable
court fix such reasonable hail for
petitioner as that. considering his
very limited resources. he may he
ahle 10 furnish TO obtain his freedom.
Two. that this honorable court order
cr direct an approval Of dismissal or
nclls pros Of the Indictment. Three.
fo' such other and further relief a.
the ease may require and to the
court may seem just and proper"