The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-03-26
IT0 IlEl!Ill's
BElIfN lEs1llIhT
He PROVED He WAS A BONA
FIpE PASSENGER WITH
FARE IN POCKET.
Judge Humphreys Does Not Recos-
nize Japsn's Laws-Purser should
Have Accepted Iso's Preferred
Fare-Diseharse Of Subject.

Ito Taklltro was discharged on the
writ of habeas corpus under which he
was taken out of the steamship Amer
lea Maru and the custody of Captain
Going The petition was signed by
J. S. Walker and said that ITO Takiiiro
had been resident of the Hawaiian
Islands for more than FIVE years and
that the said Captain Going was I'm
lawfully restraining the said Ito Ia
Hjiro for the reason that he had
threatened TO commit some offense
while on said ship.
John c. Baird. Uuited States attor-
ney for Hawaii. entered his appear
also for and on behalf of the United
States as its interests might appear
A NJ. Brown. High Sheriff. Terri
tory of Hawaii. made return of the
writ with Ito Takijiro in his custody
yesterday morning.
Frederick W. Klebahn. secretary of
H. Hackfeld & Co., Ltd, agent of the
Togo Kisen Kaisha. which is owner
of the America Maru. made written
return of the respondent Philip Going.
He tells of the steamer being on the
point of departure. on the 22nd inst,
resuming the voyage from San Fran
cisco to Yokohama. when Ito Taxi
jiro was taken from aboard the
steamer by the officer serving the
writ
At the time of the service of the
writ. it is admitted, Captain Going
did detain in his custody and on board
the steamer Ito Takijiro, but i is denied
that such detention or restraint was
unlawful Further, it is respectfully
shown to the court that Ito Takijiro
was not an employee or paying passen-
ger in the America Maru but stow
away. 1t is pointed out that the
steamer was on her way from San
Francisco to Yokohama and that I'M
der the laws of the United States the
owning her was not permit
ted to land in Honolulu at that time
any persons or passengers or to per-
NIT any person to leave the steamer
at this port
Ito Takijiro, who had come from
the port of San Francisco, it
is alleged had threatened to leave the
steamer at Honolulu, also had threat
ened bodily harm to any person or
persons who would interfere with his
departure from the steamer and entry
in the Territory of Hawaii. In order
70 prevent him from doing personal
harm to any person connected with
he steamer and from escaping and
anding in this Territory, Captain Co
ng did have Ito Takijiro imprisoned |
IN board the ship while in Honolulu
larbor.
1t is represented that Ito Takijiro |
s not entitled to his discharge but |
should be remanded to the custody of |
he Togo Kishen Kaisha for the pur-
pose of being transferred to the port |
If Yokohama. If the company had ae-
,eded to the demand of Ito and land
ID him at Honolulu, it would have
,een subject to a penalty of 5000.
F. W. Brooks appeared for the pc
itioner Ito Takijiro. John S. Walk
n and Collector E. r. Stackable gave
evidence.
Takijiro admitted that he had gone
board the steamer at Yokohama
without a passport from the Japanese
authorities. He had made up his mind
o take passage too short time be-
ore the steamers departure to get
passport. After the steamer sailed /
e offered the purser money to pay his
assage to Honolulu but it was refus-
d. He was treated as a stowaway
nd refused a landing at Honolulu on
he way to San Francisco. being put
a irons and thus restrained as a
risoner to and from San Francisco.
t was shown to the court that when
he man was taken out of the steamer
e had money on his person sufficient
D have paid his fare.
Judge Humphreys. after hearing ar
ument. ordered Ito Takijiro discharg
d. There had been no evidence pro-
uced as to the passport law of japan
nd the court could not take cogni-
ance of foreign laws The man he'd
nered the purser his fare and the
urser should have treated HIN as a
assenger