The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-08-23
SAM
MUST co.
Habeas Corpus Case is
Decided.
OPINION BY JUDGE tSTEE
Kaapana Gets Seven Years For
Mayhem Guardian for
Malaka Moolau.

Lau Sam must go back to China Lau
is the Chinese youth who demanded ad-
mission to the territory on the ground
that he was born in Honolulu and hence
was an American citizen. Judge Estee,
before whom the case came up on a petit
tcn for habeas corpus, decided that Lau
sam had no right in the Territory, as IT
was not proven that he was born here
J In an opinion handed down yesterday
J Judge Estee went over the evidence in the
case carefully. According to the testlmo-
ny introduced by Chinese witnesses, Lau
Sam was born in Palama. Honolulu. his
father being Lau KAN Choy, a Chinese
! merchant. and his mother Yeong Shee.
! When four years OF age his parents took
him to China, where he has since been.
-Four Chinese witnesses. among them
Lau Duck. who claimed TO be an uncle of
Lau Sam, testified that the youth was
born in Honolulu. The boy did not re-
member anything about his residence
} here and could only say that his father
J had told him he had been born here.
OF this testimony Judge Estee says: II
am convinced that the statements of the
petitioner and the witnesses produced IN
, his behalf are so highly improbable that
} their testimony is unworthy of belief, and
\ I hereby remand the petitioner" In con-
4 Guiding, the opinion says: THE United
States Attorney moved to dismiss the pc
tition on several grounds. among which
was that even IL the petitioner had been
\ born here he was born Of alien par
lents; that his father was a native and a
lCstizen Of China; that the nationality OF a
minor child Is that of the parent and
81 .fFfr. obi NoH
\ manifested a desire 20 become American
lcitizens."
The petition was dismissed, and Lau
Sam remains in the custody of z. r.
4 Stackable. Collector OF Customs, until the
' next steamer leaves for China, when he
\ viii be deported. The case may be ap-
= pealed.
\ HEAVY SENTENCE FOR KAAPANA.
y Kaapana. the young native who nearly
y bit of the nose of his grandfather, must
q spend the next seven years Of his life In
q prison garb as a convict in Oahu peniten-
4 ltiary. His case went to the jury yester-
v Cay afternoon after trial Of a day and
j a half and the jurymen to whom his case
- was entrusted only needed a minute OF
two TO reach conclusion as to his guilt
In pronouncing sentence Judge Hum
phreys scored the defendant heavily. The
evidence in this case. said the Court
shows that you have been guilty Of as
sruH and battery. Of selling liquor with
out a license. and Of gambling. And. L
cap the climax Of your criminal career
you have manned and mutilated an oil
ran who never did you any harm. You
whole career makes it patent that you ar
a dangerous and vicious criminal. tn
sentence OF this Court is that you pay
fine Of 81 and costs Of this case and tina
you be imprisoned in Oahu penitentiar
for the term Of seven years.
~. IL, aft md
before the bench while the sentence wa
ing pronounced. Interpreter Hopkins r'
lpeatinE the words OF the Judge to him
the conclusion of the sentence kaapan
slouched to hi. seat and later when
as led from the court he began to smi
and joke nonchalantly with the depu'
who had him In charge.
TEST CASE BY JAPANESE.
A case was filed yesterday in the CT
cult Court that will in all likelihood
made a test of the liability of the Japal
csc Immigration companies for
amounts deducted from the pay Of Co
tract laborers by their employers al
turned over 10 the companies The case vi
that Of Umemoto Umejiro VS.. the Kun
motto Immigration Company and the
Hin Bank.
n Is for the sum of s5l, which. accor
ling TO the complaint. was deposited
the plaintiff Ito and for the use and be
eft Of the said plaintiff. which the col
=, lpany had agreed TO pay back to the plat
till on demand"
Upon the decision in the case will
pend a large number Of similar. on
which Japanese are planning to bri
against the immigration companies.
]. Berry is the attorney for the plaint
non MALARIA HAS A GUARDIAN.
The litigation over the possession of
.~rH L
whom there has been contest IN
~ courts for some months past, ended y
iii terday when Thomas Murray was
lll pointed the guardian of the two chiidr
some time ago the case came up for
trial and Judge Humphreys refused 10
point Mr.. Murray the guardian OF
. children. but yesterday. on an amen
Complaint, the case came UP again BET
w Judge SIliman and this time Mr.. Muir
" succeeded in convincing the Court OF
y n sponsibiiity and of his desire TO L
are Of the children, and he was appel
cd. his bonds being fixed at the sum
s7Oa0. In appointing Murray, Judge
lIuiau said that as il had been brought
that he was not an American citizen
though he had lived in the Islands
twelve years past. he would advise
10 take out his papers at once. Mur
acquiesced In the ACCESSIBILITY OF so 90
KANEs TRIAL BEGUN.
The trial OF Kane. the native who
saulted a Chinese hackdrfver on the
talus road In June last ana robbed MN
small sum after brutality beating
" lb.ran Yesterday afternoon before Ju
SULLIVAN. and will in all likelihood
an day today. Most of the afternoon
taken in securing jury. for the case
SO widely read on account Of the pecu
W brutality Of the outrage and the cir
y stances surrounding II that II was
oult 10 hnd any jurors who had not M
TED. OF n and acquired an opinion on the
Of the defendant.
I'D FOUR ALIENS NATURALlzED
-Four aliens were naturalized by >,
Estee yesterday. They were Geo. g
O.. dor and r. NJ. Lucas. natives OF "a