Montana oil and mining journal. [volume] (Great Falls, Mont.) 1931-1953, 1941-06-07

fleeing down the gulch, closely pur-
sued by a tall Chinese, armed with g
sharpened shovel Finally the small
man stumbled and fell, and his adver-
sary calmly cut his head off with the
shovel and bore it back in triumph
to his victorious comrades.
In the meantime, the sheriff OF
Madison county organized q strong
posse and going to the battlefield, put
40 of the belligerents under arrest. The
Virginia City Jail was filled with chat
tering Chinese. Following the investi-
| cation, two members of the -Four COM
pany group, All Wan and An Yen, were
charged with murder.
Chicken fer Sheriff
! An interpreter represented each side
at the preliminary hearing. The inter-
prefers were agreed that the Chinese
witnesses would disregard the sanctity
of the oath, and suggested that If the
witnesses we're sworn on the blood OF
freshly killed rooster they would
testify truthfully. There were over 100
witnesses, and the sheriff sent his
deputies out to commander poultry.
Before the hearing started the jail
yard was filled with crates Of ROSTERS.
AS each witness was sworn he would
be led out into the yard, the head Of
a rooster chopped off, and in the blood
Of the freshly killed fowl the witness
would be sworn to tell the truth. AS
the trial proceeded the jail yard took
on the appearance of a shambles, and
many constituents of the sheriff ate
chicken pie during the days following
At the end of the hearing the magis-
trate bound All Wah and An Yen over
to the grand jury. The grand jury in
dicted them for murder, and shortly
afterwards they were tried in the dis
trict court. The accused were defended
by such able lawyers as Col. Wilbur
F.. Sanders, Judge Henry M. Blake and
Col. j. E. Galloway. At the trial the
rooster oath was dispensed with, great
~ to the chagrin of the chicken pie
fancierS who were known to be of the
Sheriffs political affiliation.
During the trial Michael Hatfield,
juror, became so Ill that he could not
attend court. Against the protests OF
two of the defendants counsel, the
presiding judge decided to proceed with
the trial with but IL jurors. All Wah
and All Yen were found guilty of
murder in the first degree and SEN
fenced to death.
The case was appealed to the SUI
preme court on the contention that
the conviction of a capital offense by
a jury of IL persons was unconstitu-
tional. The supreme court upheld the
contention and ordered new trial. All
Wah and All Yen went back to the
county Jail to await the slow working
of the law. The full decision may be
found in the report Of the Territory
VS.. All Wah and All Yen, Mon
tana, 149.
About a year later the case again |
came up for trial. In the meantime an
election had been held. Those of the /
sheriffs constituents who did not par |
take of chicken pie at the expense Of |
Madison county voted against him and |
he was defeated. A new prosecuting /
had assumed office and /
new district judge was on the bench /
The case was called and the sheriff .
brought in two Chinese prisoners.
The judge asked the prosecuting at
borney If he was ready to proceed
with the trial Of All Wah and All Yen.
He replied that he was ready. One
IF the attorneys for the defense arose
and interposed an objection.
your honor" he said. This is a
rial for murder. IF the defendants are
adjudged guilty they may suffer the
extreme penalty Of the law. The rule
If law Is that when man is on trial
or his life he must be present. Other
wise the proceedings viii not stand"
Are these prisoners not the defend
Ints All Wah and All Yen, who are
charged with murder?" asked the as
onished Judge.
They are not our clients" affirmed
he several attorneys for the defense
The prosecuting attorney, who had
lad nothing to do with the previous
rial, admitted that he did not know.
The sheriff was called before the
curt. He admitted that he did not
now positively that the prisoners were
he defendants, An Wah and All Yen.
Your honor" he said, "aIl Cinnamon
ook alike to me. II these men are
lot the defendants I do not know
rho they are"
defense Council ChuckIes !
Counsel for the defense sat back (
huckling. Chinese interpreters and /
cad men of the six companies were
rought in and all affirmed that the {
risoners we're not the men charged J
18th murder
The prisoners were given their {
berry. Afterwards the story leaked {
ut. The quarreling companies had adj !
listed their differences, and resolved I
, save the men whose lives were Ia {
sopardy. So they matched eastern /
uile against western carelessness and
on. 1
The Chinese had been allowed much I
berry IN visiting the prisoners Two /
htnese were selected who were of s
bout the same size and general ap- t
earance of the prisoners. They were
mt into the Jan to visit them. Inside
ne cells. when the taller was not 4