People v. Dong Pok Yip

Defendant was tried upon a charge of assault with intent to commit the infamous crime against nature, and was convicted of simple assault. He appeals from the judgment and from an order denying his motion for a new trial.

The alleged victim of the assault was a boy nine years of age. The only evidence given with reference to the episode which culminated in, the defendant’s arrest was furnished by one Rodrigues, bookkeeper for a certain transportation company at Antioch, and by the boy who was called as a witness by the defendant. Mr. Rodrigues testified that from his office on the wharf he saw the boy and the Chinaman, Dong Pok Tip. ' The latter had been fishing and the former had been playing with another lad, but after a time the' witness observed them seated together and the Chinaman was teaching the boy how to fish. Subsequently he noticed the boy fishing while the defendant, who had his arm around the child, was whispering to him. This attracted the particular attention of Mr. Rodrigues, who watched the two .from the door of his office. As he was thus observing them the Chinaman arose; helped the boy to his feet; and they walked hand in hand along the wharf, but as they…