136 F. 701 | D. Or. | 1905
In the case of Lee Wing the Chinese testimony is to the effect that he was born in this country, in San Francisco, in 1874. When the boy was five years old, his father, Lee Yep, took him to China, where he remained five years. Returning by way of San Francisco, the father came to Portland, bringing the boy with him. The boy five years later, when he was fifteen years old, went to China, where he remained two years. He then returned to Portland, where he has since remained. J. Frank Watson, president of the Merchants’ National Bank, testifies that he has known the father of the defendant and the son, the defendant, since about 1890; that he has done business with the father, and knows that he is a merchant; that he has done a good deal of business with the firm of the father, and understood that the defendant was the merchant’s son; has seen the son around the store, and was informed by the merchant that the defendant was his son. T. W. Johnson, a plumber, testifies that he is very well acquainted with the defendant’s father, and has known the defendant since about 1890; that he has done business for the firm, and understood at the time that the defendant was a son of Lee Yep; the boy was brought to the shop of witness several times by his uncle, Lee Moon. The Chinese testimony as to the defendants Chin Hing and Chan Kow is to the effect that both were born in the United States. A white witness — Mr. Hall, who is in the live stock business in the city — testifies that he has known Chin Hing 12 or 15 years (this defendant is about 18 years of age), and has known Chan Kow, with his father, since the former was a little boy; that he (the witness) has visited the Chinese gardens, and seen Chan Kow there, two or three times a year; that he has sold hogs to the man for whom Chin Hing works; that the two boys would come to witness’ place two or three times a week to drive hogs-; that they would come and play around like children. In the case of Lee Yin the Chinese testimony is to the effect that he is the son of Lee Foon Ming, of the drug firm of Wing Ching Lung, and that this firm began business 27 years ago; that the father, in going back to China, gave his interest in the business to defendant, who worked in the store, and kept the store; that defendant was born in China. Holman, a white witness, testifies that he has lived in the city 41 years, and has been in
I am satisfied of the substantial truth of the testimony respecting the several defendants named as I have summarized it. The testimony of the white witnesses tending to prove the place of birth of the defendants who claim to have been born here is as direct as the circumstances in such cases will permit. The presence of these defendants in the country since they were children, and the prior residence and statements made at the time of those in whose care they were, is as far as white testimony, as a rule, can go. While there is no legal presumption, at least of a conclusive character, from these circumstances, that such defendants were born in this country, yet these circumstances are in strong corroboration of the testimony of the defendants and of Chinese witnesses as to the place of defendants’ birth. And so of the merchant character
In the case of United States v. Lee Jo Yen and Lee Won Jeong the orders of deportation are affirmed. Whatever consideration I might otherwise be disposed to give to the testimony in behalf of these defendants, the unexplained fact admitted by them that they came from Seattle to Portland via Pasco, and upon their arrival at The Dalles got off the cars and came to Portland by boat, convinces me that they are unlawfully in the country, and that the consciousness of such fact prompted them to adopt this devious route and course to escape detection and arrest on their arrival in Portland.