By and by all the animals in all the cages awoke, and stretched themselves, and exchanged a few cuffs and curses, and then began to clamour for breakfast. Breakfast was brought in at last—bread and beefsteak on tin plates, and black coffee in tin cups, and no grabbing allowed. And after several dreary hours of waiting, after this, we were all marched out into the dungeon and joined there by all manner of vagrants and vagabonds, of all shades and colours and nationalities, from the other cells and cages of the place; and pretty soon our whole menagerie was marched up-stairs and locked fast behind a high railing in a dirty room with a dirty audience in it. And this audience stared at us, and at a man seated on high behind what they call a pulpit in this country, and at some clerks and other officials seated below him—and waited. This was the police court.
The court opened. Pretty soon I was compelled to notice that a culprit's nationality made for or against him in this court. Overwhelming proofs were necessary to convict an Irishman of crime, and even then his punishment amounted to little; Frenchmen, Spaniards, and Italians had strict and unprejudiced justice meted out to them, in exact accordance with the evidence; negroes were promptly punished, when there was the slightest preponderance of testimony against them; but Chinamen were punished always, apparently. Now this gave me some uneasiness, I confess. I knew that this state of things must of necessity be accidental, because in this country all men were free and equal, and one person could not take to himself an advantage not accorded to all other individuals. I knew that, and yet in spite of it I was uneasy.
And I grew still more uneasy, when I found that any succored and befriended refugee from Ireland or elsewhere could stand up before that judge and swear away the life or liberty or character of a refugee from China; but that by the law of the land the Chinaman could not testify against the Irishman. I was really and truly uneasy, but still my faith in the universal liberty that America accords and defends, and my deep veneration for the land that offered all distressed outcasts a home and protection, was strong within me, and I said to myself that it would all come out right yet.
AH SONG HI.
LETTER VII
DEAR CHING FOO: I was glad enough when my case came up. An hour's experience had made me as tired of the police court as of the dungeon. I was not uneasy about the result of the trial, but on the contrary felt that as soon as the large auditory of Americans present should hear how that the rowdies had set the dogs on me when I was going peacefully along the street, and how, when I was all torn and bleeding, the officers arrested me and put me in jail and let the rowdies go free, the gallant hatred of oppression which is part of the very flesh and blood of every American would be stirred to its utmost, and I should be instantly set at liberty. In truth I began to fear for the other side. There in full view stood the ruffians who had misused me, and I began to fear that in the first burst of generous anger occasioned by the revealment of what they had done, they might be harshly handled, and possibly even banished the country as having dishonoured her and being no longer worthy to remain upon her sacred soil.
The official interpreter of the court asked my name, and then spoke it aloud so that all could hear. Supposing that all was now ready, I cleared my throat and began—in Chinese, because of my imperfect English:
"Hear, O high and mighty mandarin, and believe! As I went about my peaceful business in the street, behold certain men set a dog on me, and—
"Silence!"
It was the judge that spoke. The interpreter whispered to me that I must keep perfectly still. He said that no statement would be received from me—I must only talk through my lawyer.
I had no lawyer. In the early morning a police court lawyer (termed, in the higher circles of society, a "shyster") had come into our den in the prison and offered his services to me, but I had been obliged to go without them because I could not pay in advance or give security. I told the interpreter how the matter stood. He said I must take my chances on the witnesses then. I glanced around, and my failing confidence revived.
"Call those four Chinamen yonder," I said. "They saw it all. I remember their faces perfectly. They will prove that the white men set the dog on me when I was not harming them."
"That won't work," said he. "In this country white men can testify against Chinamen all they want to, but Chinamen ain't allowed to testify against white men!"
What a chill went through me! And then I felt the indignant blood rise to my cheek at this libel upon the Home of the Oppressed, where all men are free and equal—perfectly equal—perfectly free and perfectly equal. I despised this Chinese-speaking Spaniard for his mean slander of the land that was sheltering and feeding him. I sorely wanted to sear his eyes with that sentence from the great and good American Declaration of Independence which we have copied in letters of gold in China and keep hung up over our family altars and in our temples—I mean the one about all men being created free and equal.
But woe is me, Ching Foo, the man was right. He was right, after all. There were my witnesses, but I could not use them. But now came a new hope. I saw my white friend come in, and I felt that he had come there purposely to help me. I may almost say I knew it. So I grew easier. He passed near enough to me to say under his breath, "Don't be afraid," and then I had no more fear. But presently the rowdies recognised him and began to scowl at him in no friendly way, and to make threatening signs at him. The two officers that arrested me fixed their eyes steadily on his; he bore it well, but gave in presently, and dropped his eyes. They still gazed at his eyebrows, and every time he raised his eyes he encountered their winkless stare—until after a minute or two he ceased to lift his head at all. The judge had been giving some instructions privately to some one for a little while, but now he was ready to resume business. Then the trial so unspeakably important to me, and freighted with such prodigious consequence to my wife and children, began, progressed, ended, was recorded in the books, noted down by the newspaper reporters, and forgotten by everybody but me—all in the little space of two minutes!
"Ah Song Hi, Chinaman. Officers O'Flannigan and O'Flaherty, witnesses. Come forward, Officer O'Flannigan."
OFFICER—"He was making a disturbance in Kearny street."
JUDGE—"Any witnesses on the other side?" No response. The white friend raised his eyes—encountered Officer O'Flaherty's—blushed a little—got up and left the courtroom, avoiding all glances and not taking his own from the floor.
JUDGE—"Give him five dollars or ten days."
In my desolation there was a glad surprise in the words; but it passed away when I found that he only meant that I was to be fined five dollars or imprisoned ten days longer in default of it.
There were twelve or fifteen Chinamen in our crowd of prisoners, charged with all manner of little thefts and misdemeanors, and their cases were quickly disposed of, as a general thing. When the charge came from a policeman or other white man, he made his statement and that was the end of it, unless the Chinaman's lawyer could find some white person to testify in his client's behalf, for, neither the accused Chinaman nor his countrymen being allowed to say anything, the statement of the officers or other white person was amply sufficient to convict. So, as I said, the Chinamen's cases were quickly disposed of, and fines and imprisonment promptly distributed among them. In one or two of the cases the charges against Chinamen were brought by Chinamen themselves, and in those cases Chinamen testified against Chinamen, through the interpreter; but the fixed rule of the court being that the preponderance of testimony in such cases should determine the prisoner's guilt or innocence, and there being nothing very binding about an oath administered to the lower orders of our people without the ancient solemnity of cutting off a chicken's head and burning some yellow paper at the same time, the interested parties naturally drum up a cloud of witnesses who are cheerfully willing to give evidence without ever knowing anything about the matter in hand. The judge has a custom of rattling through with as much of this testimony as his patience will stand, and then shutting off the rest and striking an average.