The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1900-11-09
Chinese Ordered
Deported TO
China.
ARE TO APPEAL TO
MAINLAND COURT
Juror Bersstrom Fined 500 for
Being Late by Judge
Humphreys.

| Hoy, two Chinese who were ordered
sent back to China by Judge Estee
| some time ago as a result of an in
vestigation which seemed to show that
| they were admitted to the Islands as
result of fraud on the part of an inter-
prefer, Lin Shin Chow, are to be APP
pealed to the Circuit Court of Appeals
at San Francisco.
| In the course of his decision on their
cases Judge Estee announced that as
the evidence of the two Chinese boys
that they had been born in these ISL
ands was uncorroborated by any white
| witness he would not admit them to the
Islands. 1t is upon this point that
| writ of error to the Circuit Court OF
Appeals is to be sued out. Lorrin An
| drews who defended one of the boys
has been retained by a number of Chi
nese of the city to take the matter to a
| higher court and he believes that he
can prove error.
The cases were of considerable inter
est as in the progress of their trial, evil
dence was brought to light that tended
| to show that Lin Shin Chow, the Chi
nese Interpreter of the Customs De-
partment, had been guilty of accepting
brides. Chow is quite prominent in the
Chinese colony and his examination
before United States Commissioner
Robinson and binding over to await
the action of the Grand Jury in the
Federal Court at the February term
caused a mild sensation in Chinatown.
The papers in the case will be trans
mitted to the Circuit Court of Appeals
very soon and in the meantime the two
! Chinese boys instead OF being forced to
go back to China by the next steamer
| will remain in custody of the United
| States Marshal at Quarantine Island.
| The members of the Chinese society
who are backing the proposition of TAX
ing the case up have agreed to pay the
board and lodging of their compatriots
at the Island during the delay which
must result before the case can be de-
cided at San Francisco.
FOSTER MAKES EXCUSES.
Frank Fl. Foster, one of the three
kamalo Sugar Company promoters who
We're accused of grave misdOings by
Judge Humphreys, filed a motion yes
terday in the Circuit Court for permits
sion to file an answer and to intro
duce evidence against the amended bill
! of complaint filed by the plaintiffs in
/ the case some days ago.
The motion is supported by an afil
davit wherein he asserts that at the
, time of the alleged taking of the COM
pany's stock he was possessed of valu-
, able options on land and that he could
| have sold these options for more than
| he ever received from the kamalo
company. He likewise states that his
| services as a promoter were very val
liable and that he expended a large
amount of time and labor in the Ka-
malo Sugar Company as promoter for
! which he received nothing save the
stocks and money received from the
company. No issue was raised at the
trial, he goes on, whereby his title to
the stock was put in jeopardy, and he
desires his day in court to prove eX-
peuditures of money and the value of
time and labor expended to the benefit
of the company and to prove the mar
ket value of the options turned over by
him to the company without which 1t
could not have been organized
He declares likewise that If the
stock in question is declared forfeited
by the court he still has the right to re-
cover from the company upon guam
tum meruit for the value of the options
and his services. He states that while I
II might be true that the plaintiffs in
the case We're unaware of the exact
amount made by the promoters, they
We're aware that the promoters We're
receiving compensation and We're en-
titled to do so.
HEAVY FINE FOR BERGSTROM.
Hereafter when Honolulans are sum
moned to act as jurors in the Circuit
Court when Judge Humphreys is on the
bench they will do well TO camp on the
steps Of the Judiciary building all
night rather than be absent when court
conyenes in the morning ], W. Berg
strom is wishing that he had followed
some such course as this for yesterday
he was assessed the sum OF 500 by
Judge Humphreys for failing 10 be ON
hand when his name was called.
\ special yenire was issued on Wed
nesday To secure Jurors for the Down
ing murder case, and Bergstrom was
one ~ the called, icrgstrOm accepted
the matter philosophically ana promls-
ed "a be- on hand In the morning, but
when court convened he Was not 10 be
found,
Judge Humphreys issued bench
warrant Tor his arrest ANA after about
AN hour BergsIrum appeared under the
protecting Wlng ~ stalwarl baum
When asked by Judge Humphreys
why be- had failed a. answer 60 the
summons ~ tho court hofRslr0m look
~ puzzled ana said he'd been busy ana
had forgotten lu apprRr in court until