The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1892-05-10
THE OPIUM CASE.

liams and Johnson is so extra
ordinary that it calls for public
comment. The facts Of the case
are briefly these: A pocket-book
containing compromising papers
fell into the hands of Custom
House officials. The Marshal of
the Kingdom, in the presence of
the Collector-General of Customs
and his deputy, opened the letters,
one of which was found to contain
positive information of the sale of
10000 taels of opium to " foreign
friend" The opium was described
as good old stuff" The brand was
to be recognized by the mark elk"
on the tins. The Deputy Collector
General thereupon proceeded to
Maui, obtained warrant to search
the premises of G. All Mi, where he
found one empty tin marked with
the sign above described. Return
ing, Mr.. Boardman stopped at a
house where rumor had said that
$50 tins had been found by child.
This was in fact found to be the
case. At Waikapu the Deputy
Sheriff had made seizure of four
tins, each one marked as above.
When the case came up for trial,
time was asked by the attorney for
the defense, c. w. Ashford, in order
to procure witnesses. This was
granted. When the case was called
three days later, it was discovered
that the child, the day before, had
found it necessary to go on a trip
to Hawaii, and so could not be
| produced.
We need not dwell on the par,
ticulars of the trial, but come al
once to the ruling of the Judge, ex.
Guiding the letters as evidence, be.
cause they had been opened. Sc
clear was this point of law to the
mind of this legal luminary, that
before the Deputy Attorney-Gen.
eral had had opportunity to offe,
argument in support of the admis
sion of the letters as evidence, thu
Judge informed CIV. Ashford that
it was unnecessary to proceed fur
Their in his argument, as the judi
cial mind was quite made up-tht
letters should not be read. If ever
there were case demanding inves-
tigation it is surely this one. Here
were three men overtaken in thu
most suspicious circumstances
men who could give no account O
their arrival here-Who had not
come by any known steamer OF
sailing vessel "a damnatory letter
was found in their pocket-book, -
opium exactly corresponding in Sc
cret mark with the statement o
the letter was found in large guam
titles in places where these mel
were proved to have been they
were found to have prevaricated al
to the place of their landing the
principal witness, a child, is spirit
ed away; every possible circum
stance points directly to the guilt o
Brown, Williams and Johnson
| (likely names) but the committin,
magistrate thwarts the action o
the Government on a technicalit,
of law absolutely and positivel,
preposterous.
The Court had not to decide how
the prosecution came by the letters
It's duty was simply to determin
whether these letters, in conjunc
ton with the rest of the evidence
would justify him in sending tn
prisoner for trial. The Judg,
calmly decided that the prosecu
ton had not identified the opium
with the three gentlemen (?) befor,
the Court, and dismissed the case
Identification is impossible if tn,
Court refuse to admit the proofs OF
a ridiculous objection. Prosecu
ton becomes a farce and foolish
extravaganza if our committing
justices are to decide questions o
public moment, without the for
mality of listening to an argument
In any case, this decision should
be severely examined and sifted
and such action taken that if any
abuse of public confidence has
been committed, the ofendel
should be afforded no second Cd
portunity for such conduct. Why
keep up the farce of a custom.