The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-09-20
All SING
RELEASED.
Judge Estee's Decision
Frees Him.
HABEAS CORPUS MATTER
lie Has Status of American Sailor---
Pacific Heights Case on Trial.
Other Court News.

Judge Estee yesterday rendered |
decision in the All Ling habeas corpus
matter. releasing All Sing from Gus
tody and permitting him to land in the
Islands
In a lengthy written opinion Judge
Estee says that according to the evil /
dence All Sing has been a resident of
the United States for over twenty
years. and that for most of that period
he has been a sailor of the port of New
York. He shipped on the vessel from
New York for Honolulu in April last,
and when she arrived here her captain
discharged his crew. and among them
being An Sing. But All Sing was re-
fused a landing by Collector Stackable
on the usual grounds.
Judge Estee states that he believes
that the Chinese Exclusion act cannot
be made TO apply to the present case.
It's purpose was to keep out immi-
grants, and All Sing could not be class
ed as an immigrant. He was in reality
an American sailor. sailing from one
American port to another. and as such
he was entitled to land in this port.
SO All Sing was ordered released and
he was landed. 1t is stated that he has
already shipped on the f. Il. Sutton.
PACIFIC HEIGHTS CASE.
Before Judge Humphreys yesterday
the Pacific Heights land case was on
trial all day long. Mrs. Sarah Berger,
the complainant, was on the stand most
Of the day. She Is large. fine looking
woman. and she was becomingly clad
i'm black. She withstood the ordeal of
cross-examination well, telling of all
her differences with the members of
her family here out of which arose the
present suit. Ii is likely that the case
will continue most of today.
The suit was brought by Mrs. Berger
against her brother, g. w. Booth and
G.. =. Desky. who is the present owner
of the Pacific Heights property. Mrs.
Berger had sold the property TO her
brother for a sum which she now be-
lieves Is much below its real value. 1t
was subsequently sold to Desky, who
improved IL and put IL upon the market
as building lots. When Mrs. Berger
realized how the value of the property
had increased she brought suit to have
the deed made by herself set aside
Kinney. Ballou a McClanahan repre-
sent the defense in the case, and Geo
a. Davis is looking after Mrs. Berger's
interests. The case will continue today
PETITION FOR LETTERS.
w. o. Smith has applied to the Cir
cult Court for appointment as admin
istrator OF the estate Of Henry ID. Rob
erts. who died on April 23d. He state:
that the estate is valued at SIS, 800, anC
is subject TO mortgage debts amounting
to siO.250.
SAILORS GET JUDGMENT.
Judge Estee yesterday rendered judg
' ment for the sailors who lbeled tn
schooner Enterprise for their wage
, n conflict between the first mate, Fred
! erick Birkin and Captain Fritsch
wherein the mate was knocked down
: When he reached Honolulu from Sai
, Francisco. whence the vessel sailed, h
y Immediately left the vessel and brough
, suit with others of the sailors 10
. wages. He likewise caused the arres
' OF Captain F'ritsch on the charge G
' assault. 1t Is in the libel suit that
obtains judgment.
WILLIAM CARSON CASE.
. Two elaborate wooden models {
, ships one representing the ill-fate
ship William Carson, which was sun
y of Waikiki some months ago, and tn
y other the steamer Claudine, which ra
. the Carson down. attracted much a
\ tention In the Supreme Court yeste1
: day, where the case OF Hind vs. III
Wilder Steamship Company. was q
trial II is an appeal from the Circu
Court, where the agents OF the Willia
Carson received judgment for $751;
shortly after the accident occurred.
II. McClanahan and II. A. Bigelow al
peared for the appellants. and Pa
Neumann for the plaintiff
:. In the morning there were argumen
before the Supreme Court on the w.
hiawa water case.
THREE NEW CITIZENS.
But three applicants for naturalizi
/" ton papers presented themselves b
, % fore Judge Estee yesterday. They we
= given citizenship papers and depart,
GU happy. They were: Harry T. Mills
! England, II. l.. Boyle of Barbados,
1" Nielsen OF Denmark