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Tutt and Mr. Tutt by Arthur Cheney Train
page 76 of 264 (28%)

Miss Malone fared even worse, for after a preliminary skirmish she
flatly refused to give Mr. Tutt or the jury any information whatever
regarding her past life, while Mooney, of course, labored from the
beginning to the end of his testimony under the curse of being a
policeman, one of that class whom most jurymen take pride in saying they
hold in natural distrust. In a word, the white witnesses to the
dastardly murder of Quong Lee created a general impression of
unreliability upon the minds of the jury, who wholly failed to realize
the somewhat obvious truth that the witnesses to a crime in Chinatown
will naturally if not inevitably be persons who either reside in or
frequent that locality.

Twenty-four days had now been consumed in the trial, and as yet no
Chinese witnesses except Ah Fong had been called. Now, however, they
appeared in cohorts. Though Mooney had sworn that the streets were
practically empty at the time of the homicide forty-one Chinese
witnesses swore positively that they had been within easy view, claiming
variously to have been behind doors, peeking through shutters, at upper
windows and even on the roofs. All had identified Mock Hen as the
murderer, and none of them had ever heard of either the On Gee or the
Hip Leong Tong! Mr. Tutt could not shake them upon cross-examination,
and O'Brien began to show signs of renewed confidence. Each testified to
substantially the same story and they occupied seventeen full days in
the telling, so that when the prosecution rested, forty-two days had
been consumed since the first talesman had been called. The trial had
sunk into a dull, unbroken monotony, as Mr. Tutt said, of the "vain
repetitions of the heathen." Yet the police and the district attorney
had done all that could reasonably have been expected of them. They were
simply confronted by the very obvious fact--a condition and not a
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