The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-11-08

HIT HARD
Humphreys Talks To
Him.
PRETENDED TO Be DEAF
Dismissed From Duty and RoundIy
Scored by the Court Supreme
Court Opinion.

summoned for the present term. and, like
some others. he did not enjoy the pros
pect of sitting in the jury-box and lis
tening to the troubles of other men, so
he began thinking up excuses as soon as
ho knew he was summoned to serve.
Now. Bergerson happens to be afflicted
with a slight deafness. so slight that 1t
does not interfere with his business in
any particular. but sufficiently SO that
when court convened on Monday he felt
Justified In asking his dismissal on ac-
count of IL.
At that time Judge Humphreys refused
to excuse him and ordered him to ap-
pear yesterday morning with the other
jurors. Willingly or unwittingly. Ber-
sersou misunderstood, and when court
convened he was not on hand to answer
to his name. An attachment was issued
and yesterday afternoon Bergerson was
brought in and fined the sum of s25, with
the alternative OF going to Jail
| The trial of Charles Downing was
going on. and Bergerson sat in the back
OF the courtroom while the jurors were
being examined. Finally mis- name was
called and he went into the jury box. The
deafness with which he is afflicted be-
came evident righC then and there. While
he was being sworn he kept his hand to
his ear though he could not under .
stand. Deputy Attorney General Cath
cart then asked IL lie had heard the
made to the jurors Bergerson put mis-
i nd tn nj laan ~, s..r
the railing. replied that he had not. Mr..
Cathcart arose and approaching the Jury
box went through the facts in the case
Now, MIR. Bergerson." sam he then.
do you know anything of thu facts In the
case beyond what / have toll you
Bergerson looked at Mr.. Cathcart a
moment. and then said: What was that
you were saying?
Just here Judge Humphreys lost pa
| tience. MIR. Bergerson. step down from
the box and come forward" said NJ.
Eergerson obeyed promptly. The court
cannot lay aside its knowledge OF you In
business during the past three years SC
as TO believe wholly I'm this deafness OF
70 drs. IL the court had never seen you
before II might be possible to believe tha,
this was all genuine. But the court be-
lieves that you are Stimulating deafness
and a man who would exaggeratc mis- In
hrmities for the purpose OF being excused
from service on a jury is unworthy to SIT
as a juror. When you first appeared In
court on Monday you asked TO be ex-
cused from serving on account OF your
deafness The court addressed few
words 20 you in an undertone and you
Understood perfectly. and hence you were
not excused but ordered to appear ir
court this morning. You did not do this
and you were fined SO. II man wanted
70 buy "A spool Of sewing silk or a pack
age OF needles from you. you could hear
him across the street. and yet you corlc
not hear questions put to you here in ar
lordinary tone of voice. AS soon as you
have paid the fine OF SIS which has beer
imposed upon you YOU viii be excused
for the term"
Bergerson went back to his seat and sa
there Illuminating until the court ad
journed for the day.
DECISION IN CARSON CASE.
A decision has been fle1 by the Su
preme Court In the case OF George Y
Hind c. A. Spreckels, G.. wempe, VII
liam Carson n. ID. Bendixon. James II
Nelson. VI. q. SiversOn. +. o. Johansen
George a. Nelson. ~. j. Mcleod, @. M
Fageniund. J. $. Heillngsen. John Pilt
and Henry Wetherbee against the WI
dcrs Steamship Company, the syllabus o
which IL follows;
The power Of this court TO remand Ger
tain cases TO the lower court Is not take
. away by the statutes OF the Unite
States permitting such cases to be take
from the courts OF the Territory TO
FEDERAL court on appeal or writ Of error
: But I'm this particular case the cour
makes the final complete decree itsel
The allowance Of an appeal to a FEEDERS
y lcourt II not mere ministerial act, bt
lone of judicial discretion.
No appeal lies from this court TO III
United States Circuit Court Of Appeal
\ under section IS of the act of March
Lee Of A \
reais. which provides for such appea
10 such courts IN certain cases from TIE
= lritorial government for these islands pu
the courts OF this Territory on the san
footing as the courts OF the sever
States as to writs of error from the 81
preme Court Of the United States.
The opinion - by Chief Justice Frea
The opinion was called forth by a motto
presented by ". a. Bigelow for the d
tense. asking that the court make a mn
decree In the case instead Of remandir
u 20 the lower court, so that the ca
might be appealed to the Circuit Court
Appeals at San Francisco instead OF
the Supreme Court of the United States
CHINA BOYS CANNOT LAND.
Judge Estee decided yesterday tn
Wong Chong and Wong Kim Pa. ts
Chinese boys who claim admission to q
Islands on the ground that their fasn'
Wong Lin. r. now a resident OF the il
G. ards. cannot land here but must go ba
o. 10 China whore they have been accordii
of to the claims OF their father ever sin
Is iSS9. The decision Is a lengthy one al
"a I'm II Judge Estee goes at length into Z
testimony adduced in the case. holdil
that II was not proven that the boys we
bern I'm the Islands.
In concluding the opinion Judge Est
says:
THE fact that most of the capital a
the larger part OF the labor Of these Il
m Iards are engaged IN the production
sugar cane has created n demand I
cheap labor and the National exclusi
acts while they may seem to be In CO
= nict with the monetary interests of {
Territory Of Hawaii will yet be of perm
lnent advantage 10 the people OF the tt
ritory by encouraging local and Americ
- labor. These laws were inspired by q
% gard for the good of the American peol
s. as n whole. OF which the citizens of q
I'D Te rritory now form n part. 1t thereto
It's becomes necessary for the United sta
A.. a. a~rtfsfpfva clOaa1- anV fllps