The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-09-21
DESERTED
THE LADY.
Anton MeIIo Left His
Happy Home.
HE MUST co BACK AGAIN
Judge Kaulukou Tits at the Penal
Code--A Big Haul Of
Gamblers.

Twelve Hawaiian devotees of Rus
sian War;" or Chuck Luck" were in
the tolls yesterday morning at the Dis
trict Court. They lined up with mill
tary precision, and on being asked to
plead, number one said yes" and ev-
cry head along the line bowed in SINH
lar assent. So unanimous did they seem
that Judge Wilcox smelt rat and re-
marked that some one must have been
advising them as to what to do. If
this were the case it wouldn't make
any difference with him. his honor said
Deputy Sheriff Chillingworth emphat-
ically denied that the police department
was implicated in the matter.
The Judge, addressing the squad, told
them that he recognized many familiar
faces in the crowd, and thought that
the majority could find their way into
court blindfolded.
Reference was made to the recent ac-
quittal of gamblers in the Circuit
Court, and in this connection Judge
Wilcox observed that "a fellow feeling
makes the whole world KIM" and added
llldl ildu lie DGth a JbiOl ehbN Aioo D~SAA
playing poker, he. would do his best to
get a person off who WIS brought be-
fore him for trial for gambling.
Each defendant was fined IS and
costs, his honor remarking that when
some of the white gamblers were
brought before him he would raise the
price. II notice that 1t is always ma
tives and Chinese who are up for gam
bling, while there are whites who are
at it all the time" he concluded.
Andy Brown, who is not exactly a
stranger in police court pastures, was
charged with drunkenness. Judge Will
cox commented on Mr.. Browns fire.
quent appearance before him, and ex-
planned that he kept another person of
the same name busy making explana-
tions to his friends. Two dollars and
costs was the fine, and defendant. was
advised that in future the ante would
be raised.
Antoine Mello deserted his wife, a
young and comedy Portuguese lady.
Mrs Mello testified that her husband
had deserted her without any cause or
reason for so doing. Defendant said
that he married the girl on account of
pressure brought to bear by her father.
Her parents promised to pay for his
wedding outfit. and advanced $50 for
that purpose, which amount, the moth
er-in-Iaw stated was still outstanding.
His honor, who is evidently little
shy of mother-in-lawS in general,
sought for information as to if she had
been in the habit of bestowing gratuit-
Gus advice on the young couple, and
1t turned out that one of the causes of
the trouble was Mello's objection to
living near his mother-in-law.
Mello's story was one of povT1E.a an
disappointment, and he is evide4VyU >
stanch adherent of the theory\ M
marriage is failure. II appeareIHhat
things at home did not go just Wight,
so he packed his trunk and vents
| The case was a perplexing one, and
| the judge seemed in a dilemma how to
dispose of it; he finally decided that IL
was his duty TO try and effect a recon-
/ Citation, and proceeded to that end by
1 ordering Melio to cleave to his wife fol
good and all. The court intimated that
! if there were further cause for COM
plant Mr.. Mello would ornament the
reef for thirty days.
! II order you to return to your wife, y
said the judge, land to live with her
If you are too poor to provide a good
home, bad one will do, and she must
make the best of it; if you only MAXI
ten cents week give her five of it
You both entered the marriage state OF
your own free will and if either of you
/ had any objection you should have
made it to the priest. Marriage is g
serious thing, and not farce, and the
marriage contract must not be violated
by desertion. Husband and wife must
bear with one another's frailties ano
try to live together in harmony"
Judge Kaulukou. who appeared fol
the defendant created a diversion by
eloquently denouncfng the penal code
enactment, relating to assertions
Judge Wilcox reminded him that he
had helped to pass that particular law
The law is unconstitutional, ar
gued Kaulukou. and provides unrea.
sonable punishments for the offense o.
desertion. If a man is convicted of de.
sorting his wife and does not go bacl
to her, under the code he can be sen
to the reef. The same applies to {
woman who deserts her husband"
This court is not passing on tn,
constitutional questions" observed hi.
honors nor is it declaring penal code
sections void. This court is here to en-
force the code as it is, no matter how
bad it may be; If it is bad let the mex
Legislature amend it as it sees fit