The Hawaiian gazette., 1900-08-24
LAU SAM
MUST co.
Habeas Corpus Case is
Decided.
OPINION BY JUDGE ESTEE
Kaapana Gets Seven Years Fer
Mayhem Guardian for
MaIaka MooIau.
(From Thursdays Daily.)


was an American citizen. Judge Estee,
before whom the case came up on petit
ticn for habeas corpus, decided that Lau
Sam had no right in the Territory, as it
was not proven that he was born here.
In an opinion handed down yesterday
Judge Estee went over the evidence in the
case carefully. According to the testimo-
ny introduced by Chinese witnesses, I.au
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
had told him he had been born here.
OF this testimony Judge Estee says: 81
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
/ hereby remand the petitioner" In con-
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
ents; that his father was q native and a
citizen of China; that the nationality Of a
minor child is that of the parent, and
that neither parent nor child had ever
manifested u desire to become American
citizens."
The petition was dismissed. and Lau
Sam remains in the custody of e. Il.
Stackable, Collector of Customs, until the
next steamer leaves for China, when he
will be deported. The case may be ap-
pealed.
HEAVY SENTENCE FOR KAAPANA.
Kaapana, the young native who nearly
bit off the nose of his grandfather, must
spend the next seven years of his life In
prison garb as a convict in Oahu peniter-
tiary. His case went to the jury yester-
Cay afternoon after a trial of a day and
half and the jurymen to whom his case
was entrusted only needed minute or
two to reach conclusion as to his guilt.
In pronouncing sentence Judge Hum
phreyS scored the defendant heavily 1.-The
evidence in this case" said the Court,
shows that you have been guilty of as
sault and battery. of selling liquor with
out license, and of gambling. And, to
cap the Oh your CAREER,
you have MANNED and mutilated an old
man who never did you any harm. Your
whole career makes it patent that you are
a dangerous and vicious criminal The
sentence of this Court Is that you pay
fine of 81 and costs of this case and that
you be imprisoned in Oahu penitentiary
for the term of seven years.
The defendant stood in an easy attitude
before the bench while the sentence was
being pronounced, Interpreter Hopkins re-
peating the words of the Judge to him. At
the conclusion of the sentence Kaapana
slouched to his seat and later when he
was led from the court he began to smile
and joke nonchalantly with the deputy
who had him in charge.
TEST CASE BY JAPANESE.
case was filed yesterday in the Cir
cult Court that~will In all likelihood be
made test of the liability of the Japan
ese immigration companies for the
amounts deducted from the pay of con-
tract laborers by their employers and
turned over to the companies. The case was
that of Umemoto Umejiro VS.. the Kuna-
motto immigration Company and the Kei
Hin Bank.
1t Is for the sum of ISL, which. accord
ing to the complaint. was deposited by
the plaintiff ito and for the use and ben
eft of the said plaintiff. which the COM
pany had agreed to pay back to the plain
tiff on demand"
Upon the decision in the case will de-
pend a large number OF similar ones
which Japanese are planning to bring
against the immigration companies. f.
j. Berry Is the attorney for the plaintiff.
MALAKA HAS A GUARDIAN.
The litigation over the possession OF lit
tie Malaka Moolau and Keao Moolau. for
whom there has been contest In the
courts for some months past ended yes
teIday when Thomas Murray was ap-
pointed the guardian of the two children.
some time ago the case came up for first
trial and Judge Humphreys refused to ap-
point Mr.. Murray the guardian of the
children, but yesterday, on an amended
complaint. the case came up again before
Judge Silliman and this time Mr.. Murray
succeeded In convincing the Court of his
responsibility and of his desire to take
care of the children. and he was appoint
ed, his bonds being fixed at the sum of
5000. In appointing Murray, Judge Sill
Imam said that as 1t had been brought out
that he was not an American citizen, al
though he had lived In the Islands for
twelve years past, he would advise him
to take out his papers at once. Murray
acQuiesced In the ACCESSIBILITY OF 30 doing.
KANE's TRIAL BEGUN.
The trial OF Kane. the native who as
saulted Chinese haokdrlver on the Tan
talus road In June last and robbed him of
"A small sum after brutally beating him,
began yesterday afternoon before Judge
Silliman. and will In all likelihood last
all day today. Most of the afternoon was
taken I'm securing jury. for the case was
10 widely read on account of the peculiar
OF the outrage and the clrcum-
stances surrounding 1t that 1t was diffi-
cult TO find any jurors who had not heard
Of II and acquired an opinion on the guilt
OF the defendant
FOUR ALIENS NATuRALIZED.
Four aliens were naturallzed by Judge
Estee yesterday. They were George Lam