The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1888-03-13

Hill was heard Thursday afternoon in
the Police Court The facts of the
case, briefly stated, are that the Chi
nese mule driver who was arrested
and imprisoned on the 1st of March
for cruelty TO animals, was reported in
the EueTinq Bulletin of the same day
a being Vim Quon, rice planter of
Koolau The Chinaman arrested and
committed to prison for the offense
charged is All Hee. Vim Quon, the
rice planter of Koolau, has been alb
sent In China for somewhere about
year, and his friends and acquaint-
ances, it appears, laughed "muchee
mucheem at the stupid Mclean man
reporting him driven in with twenty
mules at the end of 4 policeman's
billy from Koolau and thereafter being
sent over 10 the reef for putting sore
backs on his animals, and We're also
indignant at the idea of said Vim
Quon being so grossly misrepresented.
The manager of the rice plantation,
OF which Vim Quon is proprietor had,
the Bulletin man arrested, as reported
in Thursday mornings GAZETTE, on a
charge of criminal libel.
Mr.. Y. Y. Ashford appeared for the
plaintiff; Mr.. Chas. Creighton for de-
EHdant.
The defense admitted the publication
of the alleged article
Frank Pahia was sworn, and testi-
fed: / know Vim Quon; he is con-
nected with rice business at Koolau;
remember the man being arrested that
day March lst); Vim Quon was not
arrested that day nor brought from
koolau under police guard; it could
not have been YIN Quon that was
bailed out by counsel (N. V. Ashford
that day.
Cross-eXamined-I do not know any
other Vim Quon; Chinese have some
times two names; l never knew Vim
Quon 10y any other name; do not know
If All Hee has another name or if Vim
QuOn is one of his names; do not
know whether Vim QuOn is here or
not.
Re-examined-Gim Quon has been
here a long time and is q prominent
merchant.
Man Chip was sworn and testified:
/ am plantation manager for Vim
Quon who is in China on a visit; he
was not arrested; he is known as a
prominent business man here; there is
only one Vim Quon among the Chi
nese in this country, the one here
spoken of. The article in the Bulletin
was explained to me; the effect of the
article was that it was a shame; twas
spoken of by the English and Chinese
merchants; they said ii was a shame;
English and Chinese merchants laugh
ed at the account of Vim Quon being
arrested. I saw the mules and horses;
they were not Vim Quon's.
CrOss-eXamined-Yi Quon has
been gone about year; this fact was
well known among Chinese merchants;
his absence had been advertised in the
paper next to Magoon's. [ do not
know that there are not other men of
the same name in this country; there
is only one business man of that
name. The reason that people
laughed was that it was absurd
that YIN QuOn who was in
China could be arrested in Honolulu.
The mules do not belong to the plan
tation; the plantation pays for having
the rice carried by them; the mules
belonged once to Look Sing and Vim
Quon; they were doing the same work
when arrested rs when they belonged
70 Look Sing and Vim Quon; Look
Sing and YIN Quon dissolved; Look
Sing retired; there We're ten mules
then; they sold them to Vim Quon;
afterwards Vim Quon sold the mules
and the carrying business to Kin Wa
and another whose name / do not
know.
Counsel for the defense claimed that
the case Of the prosecution was frivO-
Ious and moved the libel be dismissed.
Counsel for prosecution argued that
the Article in the Bulletin was libellous
under the statute, claimed that the
act complained of was one of gross
carelessness on somebody's part and
was a disgraceful reflection on the
character of Vim Quon, and somebody
ought TO be liable for the consequences.
The man who committed the offense
charged to Vim Quon had been sem
fenced TO a months imprisonment.
Counsel for defendant called /. J.
Levey, auctioneer, who was sworn and
testified, substantially, that he knew
YIN Quon; he had read the article in
the paper: remarked at the time, that
could not be the Vim Quon of his ac-
quaintance; he did not think the ar
ticle calculated to bring Vim Quon
into ridicule or contempt
Cross-eXamined- know only one
Vim Quon; never heard of any other in
this country; know the principal mer-
chants on the islands; knew Vim Quon
mostly as a baker; did not think it
was this Vim Quon who was referred
10 in the article, rs he was in China.
Walter Hill, editor and proprietor
OF the Bulletin, sworn, and testified: |
remember the article of March lst, in
the Bulletin referred to in this case;
remember the item, March Sd, in
which All Hee is mentioned; the item
was brought in by one of the staff;
saw the name Vim Quon in the aTti-
Gle; at the time il was published, l
understood that the name applied to
the person who was in charge of the
mules, not to any other person, in
China or cut of China; Information
that the name of the person arrested
was Vim Quon came from China
man; do not know yet that the name
OF the person arrested is not Vim
Quon: know several Cinnamon who