People v. Ah Sun

[789]

HENSHAW, J.

The defendant was charged with the crime of murder. Upon trial he was convicted of murder in the second degree. He moved for a new trial; his motion was denied, and he was sentenced to imprisonment for the term of fifteen years. Prom the order denying his motion for a new trial and from the judgment he appeals."

The most serious question in the case, and the one upon which the justices of the court of appeals found themselves unable to agree, is whether or not the evidence is sufficient to sustain the verdict. The facts presented to the jury were the following: The deceased and defendant (both China-men) were laborers upon the Zuck Eaneh in the neighborhood of Gilroy. They were employed by Zuck through the medium of. a “boss Chinaman” residing in Gilroy. They occupied a cabin upon the ranch and were engaged in hoeing beets. They worked together, apart from the other farm hands. While so living together in this cabin and doing their own cooking, they were not on amicable terms. They did not associate together in friendship. They went to and from their .work separately and by different routes; disagreements and quarrels were frequent, as evidenced by the loud and wrangling voices. Their language, however, was Chinese, and was not understood by the white men on the place. But at least one cause of their dissension, as appeared from the testimony of Chinese witnesses, was over the matter of cooking. They had been in Zuck’s employ for about three weeks, making occasional visits to the neighboring town of Gilroy, where their Chinese “boss” resided. Their work was not satisfactory, probably owing to the differences between them. On May 10, 1904, at about 8 o’clock in the evening, the defendant came to Zuck, stated that he was suffering from a severe toothache, that he wanted to go to Gilroy to have his tooth treated and would not work the next day, but would the day following. This was on Monday evening. It was imperative that the beets should be hoed. The work was being neglected, and on Tuesday Zuck went to the town of Gilroy to get a note from the “boss Chinaman” instructing the two men either to work with more fidelity or to leave the place. He returned from Gilroy and went to their cabin about half past five or six o’clock in the afternoon to deliver to them the message, and found one of them, Chin Hong, dead upon the floor of the cabin, shock