The Federal Reporter

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: This cause comes here upon appeal from an order of deportation made by the District Judge in the Northern District of New York (183 Fed. 332), directing that the appellant be deported to the empire of China upon the ground that he is a Chinese alien, not within the exempt classes, and unlawfully in the...
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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: This cause comes here upon appeal from an order of deportation made by the District Judge in the Northern District of New York (183 Fed. 332), directing that the appellant be deported to the empire of China upon the ground that he is a Chinese alien, not within the exempt classes, and unlawfully in the United States. R. M. Moore, for appellant. George B. Curtiss, U. S. Atty. (H. E. Owen, Asst U. S. Atty., of counsel), for the United States. Before LACOMBE, WARD, and NOYES, Circuit Judges. LACOMBE, Circuit Judge. The appellant was taken into custody at the village of Malone, N. Y., where he was found with three other Chinese persons loitering in the vicinity of the depot of the Rutland Railroad. Under complaint of the Chinese inspector a warrant was duly issued by the District Judge, by virtue of which he was taken before the District Judge and a hearing and examination duly had. There was evidence to the effect that defendant understood some English and understood the interpreter?also that he was a Chinese person, of which there was no denial. No claim was made by him that he was in the Chinese diplomatic service, nor that he was within one of the classes exempted from the operation of the exclusion acts, nor that he was a native-born citizen. The court, through an interpreter, advising him of his rights, asked him if he had a lawyer or wanted to be represented by counsel. This was repeated over and over again, but from the beginning to the end of the examination he persistently refused to answer any questions, except that in response to the last three questions he said that he did not have a lawyer then, did not want one then, but might want one by and by, although the judge informed him that the time he needed one was there and then. These answers effectually disp...