The Hawaiian gazette., 1893-08-22

no enquiry at the station house. Do
not know what the treatment Of jap
anese there is, because none have yet
arrived there.
Morris K. Keohokalole, swOrn:-Am
clerk in the interior Office. [Identi-
fed the certificate filed according to
law, in the interior Office by the Ha-
waiian Gazette Company.
These Hawaiian Japanese were re-
cruited so that they could be trained
to act as lunas for future importations
of japanese. We selected good, relia-
BILE men, with experience in planta-
ton work. Had conversation with
Mr.. tombstone. Charles Creighton
was present. / went to inquire for
CLOVIS, but Mr.. tombstone was not
there. We went later. Found Mr..
! tombstone. Said he did not know
where Cloys lived, but that one of the
ADVERTISERS reporters did. Said he
did not believe the article was true,
! but rs Clogs was willing to sign it he
| mad published it. Later, at my re-
quest, he came to the window of Paul
| Neumann,s office and said that Clogs
lived at the st. Louis lodging house.
| Mr.. Clogs at that time rOomed there
and is still occupying room No. 6 in
that premises1. Neumann and
Creighton tried to find Clogs, but
could not do so. He was anxious for
them to find Clogs. They wished to
! find out what he meant by publishing
such an article. / intended to prose-
cute Antoine Clogs.
Mr.. Creighton said if Judge Hart
we'll desired he would take the stand
to show that he had hunted for Clogs.
Judge Hartwell said the defense
wished nothing.
Mr.. Creighton sworn: [ was asked
if ISwould accept retainer. [Smilesl.
/ replied that | would, under the cir
| cumstances AS soon as | was re-
tanned / tried to find Clogs until noon
of Saturday, August 18th, heard he
was Portuguese. Mr.. Neumann and
l got into hack and went to the st.
Louis clearinghouse. Inquired for
Clogs. They did not know
such man. Mr.. Clogs rooms
at the house, and on his
return that afternoon he was
told Creighton and Neumann had
called for him. His landlord told
him this.) He had gone to the Por
tuguese settlement, but nobody knew
Clogs. TCloys is an American, born
in Utah. He had appealed to several
Portuguese residents, but none of
them knew Clogs.
Cross-eXamination The landlord
had stated that 10 such man as Clogs
had been there within thirty days.
| [Cloys had been at the st. Louis lOdg-
ing house for some time, is well
known, and is rooming there now.
Judge Hartwell asked by what sta
| tute or rule of law Mr.. tombstone was
held in the present case. The Ha-
waiian Gazette Company was a cor
poration. Mr.. tombstone had no au-
thority to perform what was charged in
the complaint, viz, publishing libel.
Mr.. tombstone has nothing whatever
to do with the publication of this alleg-
ed libel. The fact to be determined is
whether Mr.. tombstone, as editor, in
ours any liability for the publication
| of this article. 1t is not claimed that
Mr.. tombstone has made any libel. If
the charge was the making of a libel
il would be different, but the charge
had been confined to the publication
of libel, and that was why he had
been particular to have the matter
understood at the outset. He moved
the charge be dismissed as there was
no evidence to show that Mr.. john
stone had been guilty of publishing a
libel.
Mr.. Creighton said that although
he had not cited authorities, neither
had counsel for the defense. He
claimed corporations could not be
sued. He cited the case of the Pro-
visional government against G. w.
Macfarlane d Co., a corporation. He
claimed that any one concerned in
corporation was responsible in law.
The legal liability resided, III this
case, in Mr. Johnstone. He was sorry
for Mr. tombstone, but Mr.. Clogs
could not be found. Mr.. Clogs was
within twenty-five feet of Mr.. Crei gh
ton at the time], He was sorry for
the editor of the ADVERTISER, but
had the prosecution been able to find
Clogs, Mr.. tombstone would be no
more than an interested spectator.
MIR. Clogs, just outside the bar,
smiled and put his handkerchief to
his mouth to suppress an outburst.
Judge Hartwell said the question of
criminal liability is not before
the court, and is not to be discussed.
Corporations can be held through the
proper officers elsewhere, and he saw
no reason why the editor should be
held in this case for publishing libel.
He therefore saw no reason why Mr.. |
tombstone should not be discharged |
on the present charge.
Judge Robertson said he would re-
serve his decision until next Friday |
at 8 80 A. NJ.