The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-07-27
Fitch IS
HARD HIT
Continued from Page L.

\CohtiAuSO from Hage III
reprehensible to a degree, and for
which there can be no excuse.
There does not seem to be any ne
cesslty Tor the court to go over again
the statutes and decisions relative to
cases of this character. This proceed
ing is on all fours with the case of the
United states VS.. Kut Yong, decided
July ~, 1901, by this court, and where
In the law is fully referred to upon
the leading points involved herein.
1t is impossible for a rational mind
to believe the testimony upon the point
OF the birth of the defendant in these
Islands. Kan You swears in her an
swer, that she was born In Honolulu
in 1888; that she left Honolulu for Chi
ma with her mother in 1895, leaving her
rather In the Islands, and who still
remains here, according to the testi-
mony. She would then have been about
seven years of age, and twelve years
old when the alleged marriage occur
red In 1900. She alleges further that
she came here one year after the Chi
nese marriage to join her husband;
namely, on the steamer Doric in June,
1901, which would leave her just thir-
teen years of age.
Yet on the trial she swears she was
born in Honolulu, and does not re-
member the year, but that she is TWEEN
ty-three years Of age now BY what
process Of reasoning she arrives at this
conclusion, or how this is to be recons
ciled with the sworn allegations Of her
answer Is not clear
"She further testifies that althsueh
she was six years Of age when she left
Honolulu, she remembers nothing of
Honolulu, or of any one living here.
but that she knows China is her
home.
And again. while she sets up In her
answer that she is the daughter of one
Chuck See, now in the Islands, and as
appears from the testimony, at present
on the Island of Maui, yet the alleged
father was not produced to Identify
the woman as his daughter or to offer
what would seem to be the strongest
evidence that could be adduced to
prove her birth, namely, that of a pa
rent.
THE general trend of the decisions
upon the question of evidence of birth
Of persons of Chinese descent in the
United States, is stringent, and as was
stated in the decision in the Kut Yong
case hereinaboye referred to, the effect
of long absence in China is highly pref
judicial to the claim of the applicant
for re-entry. Gee Fook Sing VS.. u. s.
40 Fed, 146; in re Louie You, 81 Fed
Rep. 5S0.)
THE circumstances attending the al
legged Chinese marriage of this defend
ant and Yong Hang, he being in the
Hawaiian Islands and she In China at
the date of the marriage, as testified to
in this case, are unusual and not In
conformity with the customs attending
as to what those customs are, but ac-
cording to very interesting article
from the Encyclopaedia BRITANNICA, vol,
Q, page $40, it appears that Chinese
marriages are solemnized as follows:
The bridegroom prepares two large
cards on which are written the par
ticulars Of the engagement, one
OF which is sent to the lady. I.
Following the exchange of cards, pres
ents of more or less value, according
to the wealth of the parties, pass be-
tween the households, and at last when
the happy day arrives, the bride sur
rounded by her friends, starts from
her fathers house in a sedan chair for
her future home. = Half way
between the two houses she is met by
a party of the bridgegroom's followers.
who escort her the rest of the way.
On alighting from her sedan
chair, she Is led with her head covered
into the room where her future hus-
band awaits her. Without exchanging
word, they sit down side by side, and
each tries to sit on a part of the dress
of the other, 1t being considered that
the one who succeeds in SO doing, will
rule in the household. They
then adjourn to the reception hall
where they worship heaven and earth
and their ancestors. This done. thew
e a glass OF wine together, when
for the first time the bridegroom is al
lowed to see the face of his bride. Here
the marriage ceremony ends
Concedfng that in this case all of
the preliminaries have been gone
through with tit being in evidence that
the parties were married according to
Chinese customo, yet as Yong Hang
was here, and the woman in China, 1t
was impossible for the necessary cere-
monies of a marriage of this character
to be completed until the alleged bride
had reached the home of the BRIDE
groom. In this instance, fully a year
elapsed before the bride ATTEMPTED to
Join her so-called husband. Until she
did join him and complete the marriage
ceremonies, the marriage remained in
an incomplete and inchoate state, ac-
cording to the Chinese custom.
Such was it's condition when the
defendant, Kan You, reached Honolu-
III. 1t is evident the attorney for the
defendant realized this fact, and tacit-
~ admits 1t by his conduct IN having
a new ceremony performed here be-
tween the parties, according to Am
erican law.
But the status of the woman. when
she reached Honolulu, is the status
which the court must take into con-
sideration in deciding this case. She
came into this country under the
fraudulent allegation that she was the
wife of domiciled Chinese merchant.
The court therefore Is of opinion
that even IL the testimony relative to
he Chinese marriage is to be believed,
yet such marriage is incomplete, the
parties at the time living
n different Jurisdiction, and the mar
,iage never consumnated before the
voman's entrance Into this Territory.
The defendant was therefore not the |
vie OF Yong Hang when she reached |
United States territory, and any subse.
luent marriage cannot be a factor In
leciding the case.
In view of the conclusion of the
curt upon the two other questions In
'olved in this proceeding, it would not
eem necessary to pass upon the status
II the man Yong Hang; but the evil
lence seems to be clear that the said
fong Hang does not come within the