The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1873-03-29
Pardoned but not at Liberty.

Mr.. EDITOR On Saturday last judgment vas
given by the full bench of Judges of the Supreme
Court in a case which should attract public atten-
ton. [ propose to give the facts, so far as | have
been able to obtain them, of this Teost remarkable
cause. 4
On the 10th day of July, 1864, Afo, q Chinaman,
signed q contract in H~Ongkong to perform such labor
for William Hillel rand, agent Of the Hawaiian Board
of Immigration, as Hil!ebrand might direct, for the
term of five years from the date when such service
should commence in this Kingdom for which AfO
was IN receive four dollars n month hoard and lAas
ing, and other considerations providing holidays and
II new years gift.
Arriving at this port the Board Of Immigration
assigned the man Afo, or, if you please, the contract.
to John II. Wood on the LIST day of November 1865.
After serving two years and three months, on the 3D.
of February, 1868, Afo assaulted Mr.. Wood with g.
Ratchet. Mr.. Wood and his witnesses, in their evil
dence before the Court, describe the assault. fIt
seems that u gang Of laborers, Afo being one, were
sent out to work under the overseer, Harrison. The
overseer says it rained hard and after four honrs'
work the gang intimated to him that they desired to
90 in, and that he replied that he could not prevent
them. The gang with the overseer went in. Mr..
Wood asked-What have you come in for? Harrison
replied-The men are shivering with cold, it is too
wet to work The gang were then turned into the
boiling house and : trash house" Afo being given
a pitchfork with which to turn trash. Afo not
working to suit Mr.. Wood, sighting his work, Mr..
Wood told Afo that he would dock his pay if he did
not work better. Afo replied, "Ne work hard
Nh. Wood said, You do not, and know it, Afo
retorted, 'You lie" Mr.. Wood having a hay rake
in his hand raised it over his shoulder and asked Afo
if he meant to say his master was n liar. Afo seized
a four tined manure fork and rushed at Mr.. Wood,
upon which Mr.. Wood brought the rake down on
Afo's head, breaking the rake. Mr.. Wood then
seized the fork, upon which Afo ran away. After
about fifteen minutes AfO returned to his work, when
Mr.. Wood told him TO go to his quarters, that he had
done enough for one day. Afo went on with his
work. Mr.. Wood then went TO his office. procured
hand cuffs and called three foreigners to help him
iron Afo. When Mr.. Wood approached Afo with the
irons Afo took a Ratchet from his shirt and rushed at
Mr.. Wood. aiming a blow at Mr.. Woods head, which
was parried, Mr.. Wood receiving the blow on his
thumb, crushing the joint. Afo then struck Mr..
Wood on his head and arm, when the foreigners and
Mr.. Wood succeeded in throwing Afo and putting
him in irons. Mr.. Wood then took Afo into the boil
ing house and triced him up with his toes touching
the ground and left him there with a guard to see
that he should not be cut down. Mr.. Wood got a
horse and took him into town TO the Station House.
Harrison says Mr.. Wood was in a passion, struck
Afo once or twice and that he took the Ratchet from
Mr.. Wood fearing that Mr.. Wood would strike Afo
with it. Mr.. Wood says that the rain only sprin-
killed., while Harrison says it rained hard and that the
Chinaman was wet through and shivering with cold.
Afo was found guilty Of the assault aud sentenced
to FIVE years Imprisonment and to pay d fine of one
dollar.
During Imprisonment Afo proved to be a tractable
person, one who could be trusted. The smallpox
breaking out in this community, and the quarantine
building being occupied by the sick and dying, Afo
was selected as an attendant upon the sick and per-
formed his work to the satisfaction of all concerned.
When His Majesty the King came to the Throne, in
January last, among the names of prisoners pre-
scented for the consideration of himself and Privy
Council for pardon Afo's was found, and Afo was
Pardoned and set at liberty. Mr.. Wood, still holding
the contract and claiming that Afo was still owing
him two years and nine months labor, carried the
case into Court in order that Afo might be remanded
to his charge. Chief Justice Allen and Associate
Justice Widemann decide that the man must return
to s%ervitude, seven years and more after the COM
mencement Of a term of service for five years. As
sociate Hartwell decides that the man is entitled to
liberty, holding that the term of service, five years
from November 1st, 1865, and the penalty of one
year allowed by our statutes, has expired. Who is
right? J. O. CARTER.
No lee AGAIN.-Owing to an accident at the works,