The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1900-09-07
PERRY REVERSED BY
THE SUPREME COURT.
Justice Clinton A. Gal
braith's First Opin-
ion Filed.
10 KAN TO GET 4 NEW TRIAL.
RENARKABLE CONVICTION OF
A HoNaoLIAN WHO WAS
AN INVITED GUEST.
Convicted Under 8 Statute That
Covered Multituds of Sins"
Says the Learned
Jurist.

The first decision written BY Justice
Clinton A Galbraith OF the Territorial
Supreme Court was aled yesterday. II
was in the case OF the Territory OF Ha-
waii vs. Lo Kan and was coneurred in
by Chief Justice Frear and J. A. Ma
COON, esquire. OF the Honolulu bar. In
place of Justice Perry. absent The
case was submitted on July 18th On
exceptions 10 charge delivered 10 The
jury by Judge Perry. who was then on
the circuit bench The exceptions
are sustained and new trial ordered.
The syllabus is as follows.
Without lawful excuse. m
section $40. Penal Laws. 1897. means
without lawful authority or /. reason
able belief in lawful authority.
Second-one who goes upon the
premises OF another by right for law
ful purpose, and. on the invitation II
one rightfully occupying the premises,
without the knowledge or consent Of
the owner. remains over night, is not
there without lawful excuse
The defendant was charged with the
onense OF violating section sac Of the
Penal Laws of 1891. on the 45th Of jan
uary. last. by being found on the prem
ises of one C. Bolte. by night. without
lawful excuse" and after trial was
| found guilty.
He excepted to the charge OF the ciT-
cult judge to the jury also to the order
overruling his motion for a new trial
Section go OF the Penal Laws. 1887
under which the prosecution was
brought. reads as follows:
ANY common prostitute, or any PEI
son who is lewd. wanton Of lasciyious
in speech or behavior. or any person
who has no visible lawful means or In
sufficient lawful means OF support. cr
who wanders abroad or places him
self In any public place to beg aims.
or causes any child so to do. or who
I solicits or collects aims or contribu-
tons under any false pretense. or who
practices hoopiopio, hoounauua. hoo
manamana. anaana. or prstends To
have the power OF praying persons 10
death, or who pretends to tell fortunes
Tor money o. other reward. or who has
| In his possession without lawful ey-
| cuse 1.-THE proof OF which excuse shall
h,
skeleton key or any implement OF
house-breaking. or who is found oy
night dressed or disguised with 3 relon-
| ious intent or who is found by night
without lawful excuse tthe proof Of
which excuse shall be upon such per
SOM, In or upon any dwelling house Or
other buildings or any enclosed yard
or on board any vessel. or who is a
| dangerous or disorderly person By rea-
son of his being a rioter. disturber OF
the peace, going extensively armed. ut
tering meDaces or threatening
| speeches, or otherwise. shall be pun
ished by imprisonment at hard labor
| not more than six months
| The court says: While there Is
| some conflict In the evidence. the tesfi-
| mony tends 10 support the following
| state OF facts: That Mr. c. Bolte. a
resident Of Judd street. Honolulu. had
a number Of Asiatic servants IN his
employ; that these. together with a
Chinese fisherman. with the consent
| and knowledge OF Mr.. Bolte. oecupietfa a
building on the premises as servants
| quarters; that the defend&n; on jan
uary 18th. without the permission Il
Mr.. Bolte, called at the servants
| quarters In the evening for the pu--
| pose OF collecting 800 due him from
| one OF the occupants. the Chinese fsh-
| erman, who was also the Defendants
/ partner in some business enterprise:
| that the money vas collected and de-
| fsudant fingered TO talk over business
/ and social matters until about $50
| o'clock: that the defendant was then
/ afraid OF being robbed II he returned
70 his own home and. upon the invita-
| ton OF one Of the occupants OF the
'.enants' quarters. stayed over night
and on the following morning returned
20 his own house and was Afterwards
arrested for violating the above stat
ute
| The decision then quotes the charge
OF the circuit Judge 10 the jury. II then
/ says: While il is apparent from
reading Of section go. under which the
charge Is laid, that this statute vas
enacted 10 cover a multitude OF sins
or onenses. that by Il the legislature
intended TO remedy many wrongs. 70
| does not appear, nor do We think IL was
Intended. by this section. 20 declare
| simple t-espass 10 be an ofense and
| punishable as a mIsdemsanor.
The exceptions are sustained and
i nev trial ordered"
DR.. George H. Huddy Is at the