People v. Chuck

Temple, J. The defendant was convicted for the murder of Yin Yuen, who was killed at about noon on Washington Street, in San Francisco. The witnesses who [31]were present when the homicide was committed are Chinese, and there is a wide discrepancy in their testimony, although the evidence of all the witnesses on either side harmonizes wonderfully with the testimony of the other witnesses on the same side.

On the part of the prosecution it is made to appear that defendant, with several other Chinamen, was standing on Washington Street when the deceased came peacefully along, and just as he passed the defendant on the sidewalk, defendant presented his pistol and fired; that Yin Yuen instantly fell, and defendant again fired at him, and thereupon the others who were standing there, some five or six, commenced firing at the deceased, who was lying helpless on the ground. The defendant’s witnesses all state that some five or six Chinamen were standing at the same point on Washington Street when the defendant, with two other Chinamen, came along up Washington Street. As they passed the group, Yin Yuen fired a shot at the defendant, who stepped into the street and looked around. As he did so, Yin Yuen fired the second shot, and thereupon defendant and his two friends drew their pistols and commenced firing, as did also the other Chinamen who were with Yin Yuen; that the two groups fired several shots at each other, and that during the firing Yin Yuen fell.

On the trial, Chow Hin was the principal witness on the part of the prosecution. According to his own testimony, he was in company with Yin Yuen, or immediately behind him, walking along Washington Street, at the time Yin Yuen was attacked and killed by the defendant. The defense attempted to show, on cross-examination of this witness, that he was hostile to the defendant.

I will quote from the bill of exceptions sufficient to show the nature of the controversy:—

“ Q.—Who is the person who keeps that hook?

“ The Court.—What is the object of it?

[32]“ Counsel for Defendant.— The object is this, your honor: we are seeking to show the feeling of this witness, and the animus which he has in this prosecution. He is a member of the Bo Sin Sear Society. There has been a feud between that society and the Guy Sin Sear Society for a long time. The deceased was a member of the Bo Sin Sear Society. They had quarreled for two months previous to the shooting. They had been out to the cemetery together to settle their disputes, and gone through with certain ceremonies. Lee Chuck was out there; this witness was out there. They attacked Lee Chuck the day previous on Jackson Street. They also threatened Lee Chuck on the very day previous to this shooting that he should not leave. This witness is a member of that society. The deceased -is another. We want to show his connection with the society; we want to show his previous quarrels. We want to show what his animus is. We Want to show that this society has subscribed money to carry on this prosecution, and we want to show this man does not stand here as an impartial witness; that he stands here as a member of the Bo Sin Sear Society, with a bitter feud on the part of the society against the Guy Sin Sear Society, and against Lee Chuck as a member thereof. That the Bo Sin Sear Society has been indulging in threats against the Guy Sin Sear Society, the result of which was that Lee Chucjc went and got a coat-of-mail, and armed himself with three or four pistols in order to protect himself, and was attacked on Washington Street, in this city. We have a right to show the animus of the witness, and show his feelings toward the defendant.”