The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-07-26
JUDGE ESItE 70 TOMHTCH
HEAVY ROAST FROM THE
FEDERAL JUDGE.
The Lawyers Actions in the Kan You
Case Condemned as Bad Example to
Young lawyers a

| Young Lawyers. - |
In deciding the Kan You case this
| morning United States Judge Estee
very severely scored Attorney Tom
| Fitch for his conduct in the matter of
! the marriage of the defendant while
she was in custody and the case was on
! trial. Fitcn appeared to feel the roast
quite keenly and attempted to have IL
modified in the record, declaring that
/ he preferred a $500 fine to such express
I sions in the record, but in reply the
/ Court only said it had been eXtraordi-
/ narily lenient, and grilled the lawyer
| worse than ever. Kan You, while on
/ trial for deportation, claiming the right
/ to enter the country as the wife OF
| \ Ong Hang was married again to him
! in Honolulu, and Judge Estee had the
! following to say of such proceeding:
| Pending the trial the United states
| Marshal, allowed Kan You, the defen-
, dant to remain at the house of Y. Ahin,
a Chinese merchant, together with GER
/ tain other Chinese awaiting deportation
! proceedings, there being no accommo-
! dations at the territorial Jail And
| while this was irregular yet it afforded
no excuse for the action of the Attorney
! Tor the defendant, who having access
to her as such attorney, secured a mar
! riage license and a local minister to
| perform the ceremony of marriage ac-
/ defendant and the man Yong Hang, to
whom she claimed to have been already
married in China, and ty reason of
which marriage in addition to her claim
of birth. she based her right to enter
I and remain here.
This woman was in the custody of
the Court. Her attorney was an officer
of this Court and as such obligated to
see that there was no trifiing with pub
lie justice and with the due adminstra-
~ nn lou =
solicitude for the cause of his client
his conduct in thus attempt1ng to de-
| Feat the administration of the law, was
wholly unprecedented and reprehensibIe
to degree, and for which there can
be no excuse"
After the decision had been rendered
Fitch, who was the woman's attorney
Il made statement. He declared that he
had been informed on the morning be-
fore the ceremony took place that the
United States Marshal had allowed the
couDle to live together as man and
wife, and at once came to the conclu-
sion that the interests of public
morality demanded an immediate
wedding. 1t was the testimony of
Fitch's client that she was already
married to Yong Hang, but he seemed
to think another wedding necessary,
and the certificate thereof was duly Of
: fered as evidence.
a Fitch said that he would have regard
t ed the wedding as very reprehensible
proceeding under other circumstances
and he hoped the court would consent
to modify it's criticism.
F5t"h's remarks to the court We're as
follows: eAsKggWNEHWR
,i tnirty-fiVe years of pracuce, 4
have never before received a word of
= | cenSure from any court and / regret
exceedingly that Your Honor should
have thought it necessary to incor-
, ! pofate in your decision IN .Inis case
q such severe comments upon my action
= in permitting the marriage which Your
. Honor holds in no wise changes the
status of the defendant and had no
, effect upon your decision in this case.
| may state now, in view of this CEN
, sure. what | did not feel at liberty to
state to the court before and that is
, that | learned on the morning sof the
;. marriage ceremony that without my
= procurement, suggestion or knowledge.
:, the person in charge of the defendant
had allowed her to pass the night with
, Yong Hang and | deemed it and still
. deem 1t in the interest of public moral
q ity as well as the possible interest of
= the defendant in this case to allow a
=, marriage ceremony to be performed
. between them. | had nothing whatever
. to do with securing from the person in
q charge of the defendant the opportun-
= ity to obtain a license and the mar
- riage. They came to my office and
- availed themselves of the accidental
- presence of the Rev. Mr.. Cory, who
= called to see me on other business.
. viii all Difference to Your Honor S
e opinion | cannot feel that my action
~ in permitting the MARRIAGE is In any
e degree subject to censure from either
a leoal or an ethical standpoint and
hope that Your Honor a&ter a further
y consideration of all the circumstances
= will deem 1t just to me to eliminate
, from your decision that portion of il
:. which reflects upon me-
- Turn rule
Is "The Court thinks, Mr.. Fitch that il
y has been very lenient indeed replied
'e Judge Estee. There are any amount
d of decisions to the effect that where
n. counsel pending the trial of a case
ID does anything outside the court to af'
ar feet the trial he is subject to the
in strongest punishment for contempt. TIL,
p Court doesn't believe in such punish.
N ment. 1t is fact that in every trial tina
l. has come before this with one exception
the court has imposed the lowest pun
lie lshment allowed by law | don't think /
u. is necessary to the dignity of this cour
a. to impose heavy contempt fines"
Iy II would rather pay fine of $500 70
a contempt than have the censure of tn
an court in the record as il is in this case,
= said Fitch and he again asked tn
-. court to modify the censure.
80 The court suggested another time t.
discuss the matter. and added: 1T set
- a very unfortunate example to younl
" lawyers. 1t is the eminent counsel o
y ability, such as the learned counsel il
lie this case, whose acts are followed b.
the young men. For that reason W
IN who are old men should guard tn
to citadel of justice with more than or
ct binary care"
n idpe ,srec further stated that tn
in Marshal was to blame for allowing tn
% Chinese couple to live together, an
o. that If anything of the kind occurre
". again, the Court would take eXtrem
he measures to protect justice,
ed ---
h. ICE HOUSE DELICACIES.
or Camarinos California Fruit Market
IL.