The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-10-19
MUST COME
INTO COURT
Bonds Of Seamen
Will Remain
Forfeited.
UNLESS JURY
FAILS TO INDICT
The Attorney for Mcdonald an'
Baker Moves to Dismiss the
information of Dunno.

Judge Estee yesterday refused to set
aside the forfeiture of the bonds of
Captain Baker and Mate Mcdonald.
but if the Grand Jury fails to indict
the seamen, the bondsmen will not lose
their money.
Mr.. Fitch presented the motion at
the opening of court yesterday morn
ting, reading the papers previously filed
in response, United States Attorney
Dunno read his affidavit. and also one
from CAPTAIN Wallace, alleging that he |
had been told by Baker and Mcdonald
| in San Francisco that they had no |
| intention of returning to Honolulu for |
| trial
The attorney for the defendants
contended that the two men were still
held on the informations first filed;
| that he had presented a demurrer to
the court. questioning the validity Of
the informations, and the demurrer
lbad been overruIed. Consequently the
linformations which had been sustained
nv the court. were still in effect. hay
ing never been dismissed. The bonds
signed by the sureties stated specific
ally what they agreed to do: namely,
to be responsible for the appearance of
Baker and Mcdonald in court during
the term.
Has the defendant been here?' in
terrupted the court.
= NO, sir
y WAS he here October 14th?''
: NO, sir
well. he will have to be here. The
law says he must be here to answer
He was here during the court term
Is 10 answer to the informations. re-
: sponded Mr.. Fitch.
If "He must be here in person.
st couldn't very we'll send him to the reef
M in his absence. could Z? He should be
here for his own good.
IF no indictment is returned against
,e these men, which is quite possible
would the United States collect mon
ev from the bondsmen, under such cir
| cumstances? Would these bondsmel
ie be liable if the defendant was acqut-
he ted? l contend that the forfeiture
l. should be set aside on two grounds
first. that the bondsmen compiled
strictly with the terms Of the bond
and the defendant was in court duf2nS
O. the present term: second, that thes'
st linformations have been dismissed.
DIS Mr.. Dunno replied that he had mad
MS | a mistake in filing the informations
and was willing to take the response
bilities: that the infOrmatiOnS We're o
lal 20 avail and that the men We're he'll
not upon those papers, but upon tn
,al order of the United States commits
sioner He said further that the PR
vata permission of counsel to thes
lal men to leave the Territory, was no
sufficient to upset the obligation G
the bond. The men. he said. had agree
- TO be present during the term OF couf
ICE and also on the day their cases Shout
IN be set for hearing, and To appear be
to fore the Grand Jury. The bond ha
aid been violated and should be forfeited
ed.
The court sustained the position
la the United States attorney. and refu:
nj ed to set aside the forfeiture of tt
nd bond made on Monday. Judge Este
said: The defendant is not here. an
a+ the bond was made to have him her
OF course. the question of intiicting
penalty upon these defendants is a s.
Ia rious one but the fact remains tn;
md bond was taken by the United Stat
orc TO secure their presence in court. az
-. that they, if we believe the atfdavi
7e" to which there has been no contradi
an ton. corruptly remained away III
first objection made that the Unite
States attorney referred to the wrol
the ISldluIG tlttS iii1l itlltNt blt -
oil of responsibility. The bond has be-
~ | violated. and | do not see how t
al court can change its ruling. When
De GENES here to give himself up. tn
that Will be taken into considerable
ont for il has been the practice of I
.on, court to be as lenient as possible to d
IN PENDANT and his attorneys.
olh Marshal Hendry then called both q
PENDANTS three times, in pursuance
the courts order, and there being
the response the bonds We're formally {
P. clared forfeited.
lant What if the Grand Jury does !
find an Indictment" asked Mr. Fit
In that event the case will be il
the same as if nothing had been don
replied the court.
Defendants counsel then NOV
Err. that the court dismiss the informatiC