v0803-731

No. 2248

IN THE

United States Circuit Court of Appeals

For the Ninth Circuit

EGBERT DONALDSON,

Plaintiff in Error ^

vs.

THE UNITED STATES OF ALiERICA,

Defendant in Error.

REPLY BRIEF FOR PLAINTIFF IN ERROR.

In our opening brief we stated that the case for

the government, so far as it connects plaintiff in

error with the transaction in opium testified to,

rests solely upon the credibility of witness Powers.

Counsel for defendant in error nowhere in his brief

denies or even questions this statement.

Fiedler testified that he did not know plaintiff in

error at all, knew notliing of him at first hand, and

connected him with the transaction in opium testi-

fied to, solely by the use of Donaldson's name by

Powers, and having overheard the single question

asked of Powers by Young Tai, ''Is Donaldson all

right"? Young Tai, the Chinese boatswain, not only

failed to connect Donaldson in any way whatsoever

;

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