Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1901-12-24
SAbAYE IS COMMITTED
OBTAINING MAIL MATTER
The OFFENSE CHARGED
Though Only Technically Guilty the
Letter Carrier Should be
Made an Example
to Others.

United States Commissioner Robinson
yesterday evening. on a charge of de-
tanning mail matter. His bond is fixed
at $500, and Sabate will be released
today. to appear before the Grand Jury
which does not meet until next April,
There was no evidence introduced by
the defense, and at the conclusion Of
the government case the motion to dis
charge the defendant was denied. Com
missioner Robinson heid that, though
the charge was merely technical one
an example should De maze OF Saoate'
Tor the benefit OF letters carriers gen.
eraiiy.
George r. Walker. the prosecuting
witness, was the first to take the stand
for the government. He testified that
on October %. he was running the
Makiki store Of the Mercantile Com
pany, and that Sabate came frequently
10 the store ana on several occasions
hau peen given letters 10 mai. on the
GATE mentioned walker requested sa-
oate 10 20 10 MS room anu get pack
age 10 mai on the steamer que TO SAT-
In the AFTERNOON twenty-five cents
was given saoate 10 pay the postage
Inc package was addressed TO MISS
Dale hartley, OF Auburn. Cal, ana con-
taiheu samoan tapa ciotn.
About week after this event Sabate
was asked by Walker II the package
had been mailed and he replied that II
had been, and the postage, nineteen
cents, paid.
On cross examination by Mr.. Gill,
witness said he made the request OF
Sabate just as he would OF any other
friend; that his house was not in Sa-
bates district, and he didn't know
whether the defendant had been on
duty or not at the time. He considered
the matter more as personal favor
than anything else. The package was
not ready for mailing at that time,
was not tied up nor was It stamped.
Louis T. Kenake. cashier Mt the most :
office testified tnat he saw the mack.
age in question for the first time about
he middle of November. when he dis.
covered IL in Sabate's desk. Upon me
return OF the carrier from his route
he was called I'M before Kenake and
asked about the package. Sabate then
ria TIM, tho narce, was m he mailed
and promised to do Il at once. On De-
cember Sd Kenake again found the
package in the desk of Carrier No. 6,
and II had not been mailed.
In tho cross.examinat,on M Ken,ke
Mr. cuu raised some interesting ,,es.
lions
Are not all carriers NJ the I-nited
states snnnosed m no c,t,,ons -, ana
United statesp" asked NJ ain
81 suppose 80. nv duty Is not IN in.
ou,re into his citizcnshin The carrier
10 certified IN nv tho Ro,rd NJ Eyamn.
ers."
"yy,s ,b,s nocLogo o,,ab,o,n
"Anvtb,ny In tho limo M mercbapd,s.
is mail matter unless n ia haired from
tho m,ileu
Mot be,ore n 10 nathalie I'M, bo,oro
n cap he disnatchsd"
"rbis nackaye does mt Indicate
whether n was IN no moi,ed mr. ev.
messed does ,,on
"Apvtbipg that comes With, ,bs
postofi,ce is considered os mail mat.
fer"
SIS not the postmaster resnonsible
for the acts NJ the carrierso"
For the proper conduct Of the of,cs
and carriers yes"
Mr. Kneake also testified that ,hs
package was not concealed when
found; and also that Sabate resigned
come time between November % and
so.
W. 8. Marchapt, postoffice inspector
testified simply to being present When
tho package was fou,.d December S
and that when opened he say that :
contained tapa cloth.
Marchant was the last witness fol
the government, and Mr.. Gill there.
upon moved for the discharge of IN,
defendant on the ground that the pack
age he'd not Deen properly mailed; thai
Sol ate had beer given the package &c
mail simply as n personal favor, and II
guilty o: anything II was breach oi
trust. He contended that no violation
Of the law had toen shown, and lhlt
the government failed to proye that