The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1900-09-21
All SING
RELEASED.
Judge Estee's Decision
Frees Him.
HABEAS CORPUS MATTER
lie Ha, Status Of American Sailor.
Pacific Heights Case on Trial."
Other Court News.
fFrom Thursdays DalIyO

Judge Estee yesterday rendered a
decision in the All Ling habeas corpus
matter. releasing All Sing from GUS
tody and permitting him to land in the
Islands.
In n lengthy written opinion Judge
Estee says that according to the evil
dence All Sing has been n 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 All 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.
Its 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 E. B. 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
in 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. 1t is likely that the case
will continue most of today.
The suit was brought by Mrs. Berger
against her brother, c. w. Booth and
C. s. Desky. who is the present owner
of the Pacific Heights property. Mrs.
Berger had sold the property to her
brother for sum which she now be-
lieves is much below its real value. 1t
was subsequently sold to Desky, who
improved 1t and put it 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 & Mechanism 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
fstrator of the estate of Henry d. Rob-
erts, who died on April 23d. He states
that the estate is valued at s15,6OO and
is subject to mortgage debts amounting
TO s10,250.
SAILORS GET JUDGMENT.
Judge Estee yesterday rendered judg-
ment for the sailors who libeled the
schooner Enterprise for their wages
some time ago. The case arose out of
a conflict between the first mate, Fred
erick Birkin and Captain Fritsch,
wherein the mate was knocked down.
When he reached Honolulu from San
francisco. whence the vessel sailed. he
Immediately left the vessel and brought
suit with others of the sailors for
wages. He likewise caused the arrest
OF Captain Fritsch on the charge of |
assault. 1t is in the libel suit that he |
obtains judgment.
WILLIAM CARSON CASE.
Two elaborate wooden models of
ships one representing the Inflated |
ship William Carson, which was sunk
OIL Waikiki some months ago, and the
other the steamer Claudine. which ran
the Carson down, attracted much at
tention in the Supreme Court yester-
day, where the case of Hind VS.. the
Wilder Steamship Company, was on
trial. 1t is an appeal from the Circuit
Court, where the agents of the William
Carson received judgment for $4,000
shortly after the accident occurred. l..
b. McClanahan and II. a. Blgelow APP
peared for the appellants, and Paul
Neumann for the plaintiff
In the morning there We're arguments
before the Supreme Court on the Wa
hiawa water case.
THREE NEW CITIZENS.
But three applicants for .naturallza-
ton papers presented themselves be-
fore Judge Estee yesterday. They were |
given citizenship papers and departed |
happy. They were: Harry II. Mills of |
England, II. l., Boyle of Barbados, X. |
Nielsen of Denmark
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