The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-07-19
HIS
AUTHORITY
Acting Governor
In the Police
Court.
PROSECUTION OF
AN lMPOSTOR
Chinese Who lmpersonated the
Late Tom Cow Asked to
Be Forgiven.

note in government service, Were visitors
in the Police Court yesterday afternoon,
the former as prosecuting witness
against Yong Kong Hung, Chinese ac-
cused of having falsely presonated dead
Chinese, named Tom Cow, formerly a
resident of Honolulu, in order to OBJ
tain certificate of the original record Of
naturalization issued to Tom Cow by the
Hawaiian Government. The case was
an interesting one throughout, showing
the methods by which the Chinese who
are not citizens obtain papers from the
government giving them the citizenship
SO valuable in making Journeys between
Hawaii and China. High Sheriff Brown.
assisted by Mr.. Dunno, appeared for
Acting Governor Cooper in the latter's
capacity as Secretary of the Territory.
The defendant was represented by Lor-
rim Andrews.
The Acting Governor was on the stand
and was a good witness for the prosecu-
ton. Mr.. Chamberlain was also on the
stand to testify to the fact that the
defendant had appeared before him early
this year to obtain certificate of identi-
fication required by the Internal Revenue
Department. He testified that the de-
PENDANT had procured this certificate I'M
der the name of Yong Kong Hung.
The witnesses for the prosecution told
how the defendant since his arrest made
a plea for mercy and requested the Act
ing Governor to forgive him. This was
done without the knowledge of his at
torney, Mr.. Andrews. The defendant
came to the Capitol and through an In
terpreter John Akana, pleaded with Mr..
Cooper for mercy on the ground that he
had large family to support and that
he was not aware that he had commit
ted crime by obtaining a copy of the
original record of Tom Cows naturaliza-
ton. This was a portion of the evidence
upon which the prosecution depended to
convict the defendant
The attorney for the defense raised the
question of the legal right of Secretary
Cooper to issue copies of the original
record, or certificates of identification,
claiming that there was no law passed
by the legislature, or anything In the
Organic Act defining his duties, that
gave him the right to issue certificates.
Under this reasoning he claimed that
any one could go to Mr.. Cooper and for
this or that record without making him.
self amenable to any law.
Inc aIlOdVlC Oh secretary oOopeT upou
which the defendant was arrested, was
issued on July 5, as follows:
Henry E. Cooper, of Honolulu, Oahu.
being first duly sworn, says that he is
the Secretary of the Territory of Ha
wall; that he has the custody of the
original records of naturalization of all
persons to whom such papers were grant
ed under the Hawaiian Kingdom; that by
virtue of his office he Is authorized to
issue certified copies of such records OF
naturalization, and that he does in pur-
suance of such authority issue certif-
icates of identification attached to such
certified copies of persons entitled to the
same;
'"That Yong Kong Hong, Chinese, Of
Honolulu, Oahu on or about the 18th day
of March, a. ID. 1901, personally appeared
before me and represented to me that
he was one Tom Cow, and that he had
previously obtained records of natural
ization from the Hawaiian government;
that he desired a certified copy of the
original record, together with a certified
copy of said record of naturalization, and
a certificate of Identification, which were
issued to the said Yong Kong Hong in
the name of Tom Cow, under the sig
nature of the affiant and the great seal
of the Territory of Hawaii;
Tom Cow, to whom the record of nat
uralization was issued was, so COM
plainant is informed and has reason to
believe, dead at the time the said Yong
Kong Hong did, so complainant Is in
formed and has reason to believe, falsely
impersonate said Tom Cow in obtaining
such certified copy and certificate OF
identity from the affiant as aforesaid,
contrary to section 1S4 of the penal laws
of 1897.
"(Signed): HENRY E. COOPER"
Mr.. Cooper also stated on the stand
that he had written to the Secretary of
the Treasury for instructions as to his
right and power to Issue such certificates,
which letter was presented in court later
in the day. Mr.. Cooper left the court
room and went to the Capitol where the
letter was procured. The portion of the
letter upon which Mr.. Cooper relied for
his authority to act in the matter of the
| issuance of certificates, was allowed to
be offered in evidence, and read as foi-
| lows:
you are informed that the department
will regard certificates conforming to ihe
provisions of Section 6 of the Act ap-
proved July 5, 1884, relating to the Elk
| clusion of Chinese, when issued by the
| Secretary of the Territory of Hawaii, as
peiHS sufficient 10 estdpilsh tne right VI
Chinese persons of the exempt class to
enter this country, providing the state
ments made in such certificates are not
controversial"
John Akana, an employee OF the sov-
eminent, testified to having acted as
Interpreter on the occasion of the de-
PENDANTS visit in Mr.. Cooper's office to
plead for mercy. Akana stated that as
far as he remembered the conversation
the defendant acknowledged he had done
wrong, that he had a large family and
did not want to go to jail. He said he
knew he had done wrong. As to why
he represented himself as Tom Cow the
defendant had stated it was on account
of his business and that he wanted to
get good paper SO he could come and
co.
Lum Hap testified that he had worked