Missoula’s Chinese xenophobia – 1891
If you think early Missoula was immune to bigotry, racism and prejudice, think again. It was alive and well in early Missoula as evidenced by the trial of five Missoula miscreants whose petty behavior against a Missoula Chinese family cost them their freedom. Missoula’s judiciary found them guilty of severe crimes when it would have been easier to ignore the whole affair as many Missoulians obviously recommended. It may have signaled Missoula’s nascent entry into the realm of responsible government and honorable citizenry.
The following articles a transcribed from the early Missoula newspaper, Missoula Gazette.
October 27, 1891
THE JURY SECURED
Lair and Others on Trial For Assault and Robbery
Chinamen Not Required to Swear By the Ruby Blood Dropping from a Headless Rooster
In the district court yesterday the afternoon was spent in securing a jury for the trial of the Chinese cases, the state against W. S. Lair and others charged with assault and felonious entry with intent to commit robbery. The jury was about secured by 5:30, but a recess was taken till this morning to allow the counsel for the defense to present authorities on a motion to allow each of the five defendants’ six peremptory challenges. The question was argued in a desultory way before recess yesterday. The prosecution claimed that the five defendants were one in the eyes of the law and that consequently only six challenges in all could be allowed. The defense took exactly the opposite view and held that each individual defendant was entitled to six challenges on his own behalf as a juror who might not be biased against one of the defendants might against another. The court overruled the motion this morning and an exception was taken. The jurors are Paul Cyr, V. A. Clark, Frank D. Jaquette, David Lewis, Chas. Manges, W. H. Reed, J. M. Shephard, Geo. Slocum, Moise Tetrault, Frank Westler, Geo. R. Woodward, Thos. Woodford.
At this morning’s session the defense objected to the association of Judge Woody with the prosecution because he was to receive compensation from private sources. Messrs. Woody, Wood & Webster were all put upon the stand and Judge Woody testified that he was to receive compensation. County Attorney Webster was also objected to as a prosecutor because he was a member of Judge Woody’s law firm and would receive a portion of this compensation. Mr. Webster then signed a relinquishment of all his share of this compensation and this was also objected to. All the objections were overruled and excepted to and the trial began.
The first witness was Lung Li, one of the Chinamen assaulted and the one who received a cut over his left eye. The interpreter is Ching Lee. Ching Lee when asked to describe the Chinese oath said that the witness swore by the cut throat of a chicken to tell the truth and that if he did not do so his throat might be cut in the same way. The chicken oath was not administered.
[These jurors’ names should be enshrined in Missoula judicial history as some of the bravest souls to ever walk Missoula’s streets. D.G.]
October 28, 1891
A Weak-Kneed Member of Alleged Missoula Whitecaps
Progress of the Trial of the Men Charged with Having Assaulted and Robbed Chinese
In the Chinese case this morning the cross examination of Ah Keet, one of the Chinamen assaulted was concluded. Agnew Moore testified to the condition that he had found the house in next morning and Dr. McCullough to the condition of the wounded Chinaman. The next witness, W. I. Wright, was the most important yet introduced by the state. He was one of the men who engaged in the assault and recognized all of the defendants. He started with some of them from the Realty building to go down as he thought to see the Chinamen and have a talk with them. They went down to Front street and from there to the Chinamen’s house. He had a pistol and got a gun on the way. He took no active part in the assault. His story was not much affected by cross examination. He said he had been promised that he would not be prosecuted if he would testify for the state. The next witnesses were J. M. Keith, and C. H. McLeod. They were going home down Front street at about 11:30 on the night of the assault and saw a man standing in front of the Chinese wash house. He went on down the street and was joined when in front of the Hammond residence by three or four others. They all went down Front street towards the Rattlesnake, Mr. Keith recognized one of these men as Lair. Wright’s father testified to having heard the noise at the Chinamen’s house, near which he lives, on the night of the assault, and to having recognized his son’s voice. This closed the morning’s session.
At the afternoon session after the introduction of some more unimportant testimony the state rested. The defense then moved a dismissal of the case on the grounds that none of the evidence had proved the defendants guilty of intent to commit either of the felonies charged in the complaint and Judge Reeves in the argument for motion said that the only evidence connecting the defendants with the assault was that of Wright, an accomplice. The motion was overruled, and after a consultation the defense was commenced.
October 29, 1891
The Chinese Cases.
Line of the Defense – The Case Will Go to The Jury Tomorrow.
The defense in the Chinese case which opened yesterday afternoon is a peculiar one. The prisoners admit having gone to the Chinese cabin and also to having wounded one Chinaman and tarred another, but plead not guilty to the charge of burglary. Mr. Stiff, in a brief opening speech for the defense yesterday afternoon, said that the defense would show that no assault was intended, and that the Chinaman was struck on the head by Jos. Fried only because he had an axe raised and was about to strike Lair as the latter was on the point of entering the cabin. The whole thing had been done to have a little fun with the Chinamen. The testimony for the defense has so far been that of the defendants themselves. All but Fried were put upon the stand by 4 o’clock today, and Fried will doubtless go on by the time this goes to press. All the defendants admit that they started out that night to tar a Chinaman, but disclaim any intention of committing an assault. The case will not go to the jury until tomorrow.
October 29, 1891
The following brief paragraph appeared under the Gazette’s editorial comment section:
Citizens of Butte have awakened to the knowledge that there are Chinese in the city who make a practice of laying traps for school girls in order to debauch them. The heathen will be told to move on from Butte one of these days and they will go.
October 30, 1891 [Front Page]
A WORKINGMAN’S WAIL
“Pick and Shovel” Says Something About a Thing or Two.
To the Editor of the Gazette: – This morning’s Miner, in its report of the Chinese outrage case, attempts to leave the inference that the Workingmen’s Union of Missoula is in some manner connected with the affair, and intimates that the attorneys in the action are trying to drag the organization into the muddle. I have been an attentive listener at the trial and I fail to notice wherein the union has been connected with it in any manner. While some or all of the defendants may be implicated, their acts were only exercised as individuals, and not by any sanction of the organization. As a union, we are “not in it,” and the sooner some people come to that conclusion the better it will be to all concerned.
So far as the guilt or innocence of the accused is concerned, I fail to find wherein any of them are guilty of more than malicious mischief, and a nominal fine to each imposed in a justice’s court would serve the purposes of punishment much better than the present proceedings appear to indicate. To my way of thinking the defendants are being followed by the prosecuting attorney and his legal associates with relentless hate and persistency. If our worthy county attorney were as vigilant in other matters as with the present, he would long since have prosecuted and carried to judgement the several suits brought against delinquent taxpayers, who through the law’s delays and indifference of the officers are withholding today from the city and county of Missoula some $40,000 of unpaid taxes honestly levied and honestly due. Taxes, which should have been paid last fall at a time when every one else, including the subscriber, marched up to the captain’s office and pungled like little men, notwithstanding we believe the levy to be exorbitant, are allowed to remain unpaid and an injunction served last spring on the county treasurer is allowed to lie pigeon-holed at the pleasure of litigants and attorneys.
These matters, I contend, are more essential than the prosecutions now going on.
October 30, 1891 [Front Page]
The Jury Out
The Chinese Case Given to the Jury at 1 O’Clock this Afternoon
The closing arguments in the Chinese cases were finished at 1 o’clock this afternoon, and the case given to the jury. The arguments for the defense were on a point of a somewhat technical nature, and in line with the defense itself. The offense charged was burglary, and the two counts in the information were felonious entry with intent to commit an assault with a deadly weapon, and entry with intent to commit robbery. The defense held that whatever assault there was was committed before the house was entered, and that no intent to commit an assault either outside or inside the house had been proved. It also contended that no robbery by the defendants had been proved. Any unlawful entrance of premises with the intent to commit a felony is burglary, but there was the further question raised as to whether this assault was with a deadly weapon or not. If not, the offense would be only a misdemeanor, and consequently the charge of burglary would not hold. At the hour of going to press the jury is still out.
October 31, 1891
The Chinese Cases
A Sentence of Two Years to Each of the Defendants.
The jury in the Chinese cases sent word to Judge Marshall at a few minutes before noon today that they had come to an agreement and they were accordingly ushered into court. The prisoners were also brought in and after the verdict had been handed to the clerk, who read it and inscribed it on the journal, it was finally read aloud to the prisoners. It finds the defendants guilty of burglary in the first degree and fixes the sentence of each at two years imprisonment in the penitentiary. This is the minimum sentence imposed by the law. E. D. Matts of counsel for defense was present in the court room when the verdict was read and asked that the jury be polled. This was done and all the jurors said that they concurred in the verdict. Mr. Matts then gave notice of motion for a new trial. The five defendants in the case are W. S. Lair, Andrew Englin, Frank Englin, Jonas Frid and Jas. C. Crutcher.
The above article appeared in the Missoula Gazette, October 31, 1891.
October 31, 1891
The following brief paragraph appeared under the Gazette’s editorial comment section:
The men who were on trial for assaulting and robbing Chinese have been adjudged guilty and their punishment fixed at two years in the penitentiary. There are two things which no man knows beforehand – the will of God and the verdict of a jury.