The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-07-30
CAPTAIN IS
RELEASED
seVersus TapIey
Dismissed by
Dunno.
CHINESE CASES IN
FEDERAL COURT
Two EnsIishmen Naturalized and
Made to See the Duties OF
American Citizenship.

Captain Robert Tapley, of the steam
| er st. James, was discharged in Fed
eral Court yesterday on u charge of
violating section 4611, Revised Statutes
of the United States.
| The order was made by Judge .Es-
tee on the explanation of Acting Pros
ecuting Attorney Dunno that he had
been witness to re-enactmeuI of the
alleged assault upon the complaining
witness, and he was convinced that the
defendant could not possibly have seen
| the assault, and consequently was not
guilty within the meaning of the law.
In explaining his motion for a dis
missal Mr. Dunno said, "The defendant
was informed against before a magis-
trate and ordered held. Captain Tap
| ley then came to me and said that he
was positive there had been some mis-
take, as it was clearly impossible for
him to have witnessed the assault
made by the second mate. He is only
charged with having failed to prevent
to it.
Last Friday, accompanied by the
marshal and the complaining witness,
went on board the vessel, finding
Captain Ta,pley there. 1 Sden asked
the witness if all things on the poop
were the same as at the time of the
assault, and he replied that they were,
and then asked him to place the
captain in the same position he was
at the time the blow was struck; he
then took the position he had at the
time of the assault, and / took a place
at the side of the captain, and was
convinced that it was physically I'M
possible for him to have seen the as
sault Believing it my duty in the
matter, think that the captain should
no longer be annoyed, and ask that the
case be dismissed" The complaining
witness, Hadley, was then placed on
the stand and testified to the truth or
the statements made by the prosecut-
ing attorney. Judge Estee then order
ed the dismissal of the case 1t was
at this point that Tom F1tch was CIV
en- another turn-down by the court,
when he asked permission TO withdraw
his appearance for the defendant, and
also for the second mate still In Gus
tody. This, Judge Estee stated, tnat
he could not allow at this tine, and
requested Mr.. Fitch to serve notice
regularly and in writing on his client,
another attorney to defend.
CHINESE CASES.
There were two Chinese cases on
trial before Judge Estee yesterday. Inc
first was that of Yung Ho, who claim
ed to have been a citizen of Hawaii,
hut who overstayed his leave Of year
because of sickness. When ne at
tempted to enter again he was arrest
ed as having no certificate of reglstra-
ton.
! "Is II claimed that this Chinaman
vas horn in the Islands?''> asked the
court. -
NO, SIR" replied Attorney Stewart
mo such claim is made"
.T,m glad to find even one Chlnaman
who was not born on the Islands, re-
turned the court.
The defendant claimed TO nave leIt
Honolulu in October, 1899, and to nave
ovarstaved his permission to remain In
China for a year because of 1uness.
He came back June %, 1901, ana as ne
had not been registered, was promptiy
taken into custody, though he. had
certificate from the Chinese consul
The United States inspector, >. ~.
Brown, was put on the stand TO SNOW
nv the records that the Chinaman haa
received a certificate to go to China,
land several Chinese friends or the de-
PENDANT testified that they had known
him. and also of his Illness while IN
| China. An examination was made py
| DR.. Herbert at the instance OF the
prosecution, and the physician testlneu q
that the defendant showed evidence OF
having chronic rheumatism. Inc Unit
ed States attorney argued that the
sickness was not such as was men
| toned In the certificate, and eonse-
louently he should be deported. Inc at
torneys are given five days to present
written arguments to the court.
! CLAIMS BIRTH IN HONOLULU.
The second Chinese case was that OF
a how of sixteen, who claimed to nave
ibean horn in Honolulu. His name was
given as Yong Lam Chow, and 1t was
/ alleged by the defense that the boy
was taken to China when a child OF
two wears. The father was on the
stand and testified to having mace
several trips to China to visit the BOY.
The defendant returned to Honolulu
on tbe Doric. and having no certiflcate
! of registry. was also taken In charge.
His trial was continued unth "euhes
day morning.
/ FEDERAL COURT NOTES.
Upon application of Thomas F1tch
yesterday morning the clerk was III.
structed to return to KAN fou' lne
IChinese girl ordered deported ias'
week. the certificate of her marriage ~
the office of Fitch, which 1t was clalili-
ed she wanted to show to her relatives
in China. 1t was ordered that certi-