Page:Brief for the United States, Wong Sun v. United States, 371 U.S. 471 (1963).djvu/15

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smoked. Wong Sun paid Toy $15 for driving him to Johnny's.

Toy drove Wong Sun to Johnny's "about 5 times altogether," each time receiving $10 or $15 and Toy was also given enough heroin for 3 or 4 cigarettes. The last occasion for driving Wong Sun was "last Tuesday, May 26."[1] Thereafter, on Wednesday night, June 3, at about 10 p.m., Toy phoned Johnny that he didn't "have anything" and was coming out "pretty soon." When he arrived, Johnny gave him—"just out of friendship"—a paper of heroin sufficient for 5 or 6 cigarettes, without any money given or asked. "He has given me heroin like this quite a few times. I don't remember how many times."

Toy had "known Hom Wei [the original informer, supra, pp. 3–4] about 2 or 3 years but I have never dealt in narcotics with him. * * * The only connection I now have is Johnny Yee."

E. The Testimony of Johnny Yee

Johnny Yee, called as a government witness, proved recalcitrant. He admitted, however, that he knew both Wong Sun and Toy, and identified both in the courtroom (R. 20). He stated that he had known Toy since 1951 or l952 and had known Wong Sun that year, 1959 (R. 20). He confirmed Wong Sun's nickname of "Sea Dog" (R. 20). He stated that, a month before his arrest, Toy, with wife and

  1. "Last Tuesday," whether viewed from June 5 (a Friday) or June 9 (a Tuesday), would have been June 2, not May 26, which was two Tuesdays before.