Highbinders Now. Los Angeles Times, Sept. 13, 1893, p. 8.
Chinese Hatchetmen on the Rack.
Four Cases Being Considered by Judge Ross.
The Defense Claims that a Gambler is Not a Laborer.
Much Interest Manifested in the Expected Decision-The Chinese Deny the Existence of a systematic Boycott.
Four Chinese cases were before Judge Ross in the United States District Court yesterday. No decisions were rendered, the court taking the matter under advisement.
When Dist.-Atty. Denis announced in open court, last Monday, that thereafter none but those who could be proven Chinese laborers would be prosecuted, it was not known that an attempt would be made to give the much-discussed Geary's law a most palatable flavor. Mr. Denis's plan was evolved yesterday in the trials of Ah Fawn, Ah Lung, Lee Too King and Lem Soon.
The three first-named celestials are known as highbinders, or hatchet men. They are alleged to be professional gamblers. Lem Soon, according to the testimony of the prosecution, has been seen doing work around the Chinese theater.
Lem Soon's case was first called. The defendant testified that he owned a quarter interest in the Chinese theater. Ah Mow corroborated Soon's testimony, and said the defendant was one of his partners' and was the manager of the theater.
The white policeman who acts as special officer at the doors of the playhouse testified that Soon was the part who paid him for his services. Favorable testimony was also given him by ex-Detective Bosqui and Deputy Sheriff Wray. The case was taken under advisement by the court, and the next on the calendar, that against Ah Fawn, was called.
Ah Fawn runs a Chinese gambling establishment in the neighborhood of the Plaza. Ostensibly, his place is a cigar store, and Fawn produced a number of city licenses to that effect. His stock usually consisted of a few boxes of cigars and about the same number of cigarettes. The government proved that Fawn's place was a gambling den, where all sorts of games of chance were carried on.
The point here made by the District Attorney, and which was hinted at in his announcement to the court on the previous day, was that the exclusion act practically defined the Chinese residents into two classes, merchants and laborers. The term "Chinese merchant" had been legally construed by many authorities to mean a bona fide dealer in wares, one who buys and sells. These, together with attaches of the Chinese Ambassador, students and tourists, were clearly exempt from the provisions of the Geary Act.
All other Chinamen were laborers, and must be so considered when brought up for trial. This was the District Attorney's argument.
The defense also proved that Ah Fawn was a gambler. But Attorney Hotchkiss contended that the Geary act was intended as a protection to American labor, and that the term laborer meant just what it said, and did not include professional gamblers. The case was here submitted, and Judge Ross also took this case under advisement.
Afternoon Session
The case of Ah Lung and Lee Too King were tried in the afternoon. The evidence was somewhat similar to that given in the Ah Fawn case, and after arguments by counsel on both sides Judge Ross also took these cases under advisement. It is not expected that a decision will be rendered for several days, as both the District Attorney and counsel for the prisoners will furnish the court with additional authorities in support of their respective contentions.
A printed form for orders of deportation is now in use, and the language attributed to Judge Ross in the findings, order and judgement in the cases of those Chinese already ordered deported seems to give the advocates of the "non-laborer" theory that hope that a final decision favorable to them will be handed down. This paragraph is as follows:
"I find from the evidence and from the defendant's appearance, and from his language, dress and association, that defendant is a Chinaman, and from his occupation that he is a laborer, and that he was such on the 5th day of May, 1892, and has since remained such, and that he did not register in accordance with and in pursuance of the act of Congress of May 5, 1892; that no excuse has been shown on his part for his failure to register, and upon these facts I order that he be deported to China."
The point depended on is the language, "and from his occupation that he is a laborer." Webster's definition of the word "occupation" as "that which occupies or engages the time and attention; the principal business in one's life; vocation; employment; calling trade," is quoted by the highbinder's defenders as a conclusive answer to the District Attorney's argument.
On the contrary, the District Attorney is confident that the point made against the highbinders will stand. He certainly has the law-abiding element of the community with him, and from the authorities already quoted to the court, claims that he had made out a good case. Judge Ross's decision on this vexed question will, no doubt, be awaited with much interest.
No Orders Yet.
Deputy Marshal Will Gard was seen yesterday afternoon, and said he had heard nothing officially from Washington to confirm the Associated Press dispatches that Atty.-Gen. Olney had ordered United States marshals to take no further steps for the enforcement of the Geary law. Mr. Gard showed the reporter a telegram from his father stating that the United States Marshal would return to Los Angeles this morning. From this he augured that the five "deportees" who had been taken to San Francisco from here were either shippped to China or placed in jail awaiting further orders. As it was now understood that Collector Wise would not receive Chinese ordered for deportation, the Marshal was compelled to hold them in his possession until legally taken from him. Deputy Marshal
Gard, therefore, believed that if the Chinese had not already been placed aboard an oriental steamer they were safely locked up awaiting such transfer.
In reference to this matter one of the attaches around the Federal Building told the reporter that all the China-going steamship lines had informed Collector Wise the, hereafter, no Chinamen would be taken for passage unless the money was paid in advance., This course, if adhered to, will compel the Marshal to advance the money out of his own pocket and await Uncle Sam's convenience for its return.
Dist.-Atty. Denis was also seen about the probable effect of the orders from Atty.-Gen. Olney, mentioned in the Associated Press dispatches. Mr. Denis said that under Judge Ross's rulings the Marshal was compelled to carry out the orders of the court. He said he, also, had heard nothing further from Washington except the dispatches published in the newspapers. The last official telegram received from Atty.-Gen. Olney was the one of last Saturday, which practically ordered United States marshals to go ahead with the enforcement of the law until the appropriation gave out.
The Situation
The fact that the wash-houses and vegetable gardens have become involved in the general Chinese panic and closed up indefinitely is causing much comment and inconvenience among those who have not had sufficient opportunity to adjust themselves to the new order of things. The accustomed visits of the vegetable heathen has become a feature with householders in this city, and since the stoppage of all business in that line many housekeepers have found it necessary to go to the Chinese gardens, near by, in order to get a supply of fresh vegetables. The shutting up of all the laundries has, if anything, created more complaint than the absence of vegetable vendors. Citizens who have been accustomed to pay the cheap weekly rates for family washing are naturally "kicking" at the necessarily increased prices charged by the steam laundries.
The claim that all this is the result of a systematic boycott on the part of the heathens is resented by the more intelligent Chinamen. One of these told a reporter yesterday that the only reason for the closing down of the wash houses and the vegetable gardens is that the Chinamen thus employed ware absolutely afraid to be seen working. He claimed that under the Geary law any white man who saw a Chinaman "laboring" could go and swear to a complaint and have the unregistered Mongol deported. That was the sole and only reason he said, that no Chinaman was now doing any manual labor.
But, notwithstanding these assertions, the wily agricultural heathen seems to be getting in his work anyway. Within the last fews days a few tumble-down Chinese huckster wagons loaded with vegetables of Chinese growth, have been seen on the streets,. These teams have been driven by white men who go to the Chinese gardens in the afternoon, buy the vegetables from the proprietors, and peddle them out the next morning. In this way the crafty celestials keep their stocks from spoiling, and sell the stuff at wholesale, thus ridding themselves of the extra danger of being caught on the streets. This custom, however, has not become general yet, and only the more avaricious of the yellow men will have any conversation with white men who come to their gardens.
Chinaman Assaulted
A Chinaman, who gave his name as Lee Yan, went to the police station yesterday and stated that he lived at Vernon. He said that he had been on his way into the city when a colored man threw a stone at him, hitting him in the face. the heathen's appearance corroborated this statement, for his nose was covered with blood, and he had a generally used-up appearance.
Detective Goodman was detailed on the case, and after the necessary warrant had been issued, started off in search of the offender, taking Lee along so that if the man was caught he might be identified .
The Chinaman's nose was found to be broken and was set by Police Surgeon Bryant.