United States v. Leung Shue
District Court, N.D. New York
Appeal from Judgment and Order of the United States Commissioner. Defendants were arrested at Ogdensburg, August 17, 1903, charged with a violation of the Chinese exclusion act. On the hearing before Hon. Ered J. Gray, United States Commissioner, at Ogdensburg, September 2, 1903, both defendants were represented by counsel, and each admitted himself to be a Chinese person, not of the exempt class, who had entered the United States from Canada.
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Appeal from Judgment and Order of the United States Commissioner. Defendants were arrested at Ogdensburg, August 17, 1903, charged with a violation of the Chinese exclusion act. On the hearing before Hon. Ered J. Gray, United States Commissioner, at Ogdensburg, September 2, 1903, both defendants were represented by counsel, and each admitted himself to be a Chinese person, not of the exempt class, who had entered the United States from Canada. The commissioner found them not lawfully entitled to be or remain within the United States, and ordered them deported to the empire of China, from…
1Opinion of the Court
RAY, District Judge.
The commissioner’s finding is as follows:
“On the trial they [defendants] produced as a witness in their behalf to prove the same [citizenship] one Chon Quang, a brother of their father, who *424testified that the defendants were born at Fresno, in the state of California. The witness was not contradicted, impeached, or discredited in any manner whatsoever. At the end of the trial the attorney for the United States * * * made the following request: ‘The United States requests the defendants to take the stand in their own behalf,’ etc. Defendants, by advice of counsel, thereupon…
2Cases cited1 opinion
- United States v. Lee HuenDistrict Court, N.D. New York · 1902
3Cited by1 opinion
- Ark Foo v. United StatesCourt of Appeals for the Second Circuit · 1904