United States v. Ng Young

Citations

• 126 F. 425
• 1903 U.S. Dist. LEXIS 43

Syllabus

<p>1. Aliens — Chinese—Exclusion—Proceedings—New Trial.</p> <p>In proceedings for the exclusion of an alleged Chinese alien, an application for a new trial after judgment of deportation had been entered on trial before a United States commissioner should be addressed to the commissioner.</p> <p>2. Same — Appeal.</p> <p>Where a motion for a new trial in Chinese deportation proceedings is denied by the commissioner before whom the proceedings were had, an appeal may be taken to the United States District Court from th§ order denying the motion.</p> <p>8. Same — Newly Discovered Evidence.</p> <p>Where a Chinese alien was ordered deported after trial, at which he produced a witness who testified that defendant was born in the United States, and at the time of the trial he knew of another witness, who would have testified to the same fact, defendant was not entitled to a new trial in order to produce such witness.</p> <p>4. Same — Diligence.</p> <p>Where a Chinese person alleged to be unlawfully within the United States was apprehended on September 9, 1903, and his trial was postponed until October 3d succeeding, and though a witness did not reach ■the place of trial until after the same had ended, no effort was made to open the ease and introduce the witness’ testimony until after the decision of the commissioner was filed on November 26, 1903, and the delay was not excused, defendant was guilty of such negligence as to preclude the granting of a new trial in order to introduce the witness’ testimony.</p> <p>If 1. Citizenship of Chinese, see notes to Gee Fook Sing v. United States, 1 C. C. A. 212, and Lee Sing Far v. United States, 35 C. C. A. 332.</p>