The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-11-09
Chinese Ordered
Deported To
China.
ARE TO APPEAL TO
MAINLAND COURT
Juror Bersstrom Fined 500 for
Being Late by Judge
Humphreys.

sent back to China by Judge Estee
vestigation which seemed to show that
they were admitted to the Islands as a
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
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 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 eompatriots
at the Island during the delay which
must result before the case can be de-
cided at San Francisco.
+ FOSTER MAKES EXCUSES.
T Frank H. Foster, one of the three
Kamalo Sugar Company promoters who
| were accused of grave misdongs 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 fled by the plaintiffs in
the case some days ago.
The motion is supported by an aft
davit wherein he asserts that at the
time of the alleged taking of the com
paRy'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 a promoter for
J 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 ii
could not have been organized
. He declares likewise that if the
. 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
1t might be true that the plaintiffs il
, the case were unaware of the exac-
. amount made by the promoters, they
were aware that the promoters were
receiving compensation and were en-
titles 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 tn,
{ bench they will do well to camp on tn,
( steps of the Judiciary building al
& night rather than be absent when cour
( convenes in the morning. J. w Berg
Z strom is wishing that he had followed
& some such course as this for yesterda,
z he was assessed the sum of 500 b,
: Judge Humphreys for failing to be oil
!. hand when his name was called.
. A special venire was issued on Wed
! nesday to secure jurors for the Down
" ing murder case, and Bergstrom wa
: one of the called. Bergstrom accepte
s the matter philosophically and promis
ed to be on hand In the morning, blu
when court convened he was not to b
found.
Judge Humphreys issued a bencl
warrant for his arrest and after abou
an hour Bergstrom appeared under tn
protecting wing of a stalwart bailiff
When asked by Judge Humphrey
why he had failed to answer to tn
p" summons of the court Bergstrom look
I'd puzzled and said he'd been busy an
had forgotten to appear in court unit
the officer came in on him.
Judge Humphreys delivered a mil
i homily on the virtues of punctualit
and the Nervousness of his offense il
being late in court. He wounyf up b
ordering Bergstrom to pay a fine @
800 or go to jail. Bergstrom went bacl