The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-08-22
CHURCH HIS RIGHTS
Tho FULL Of GOATS
Colonel Fitch's Brief
in re The Iwilei
Injunction.
GEAR BOASTS WIFE BESERTERS
MATE MCCARTHY GETS THIRTY
DAYS FOR ASSAULT ON
HIGH SEAS.
GEAR BOASTS WIFE DEsERTERs
HIGH Sheriff Brown Ordered to Show
Cause Why He Should Not Be
Adjudsed Guilty of Contempt
Other Court Matters.

Colonel Thomas Fitch has filed a
very interesting brief in the Iwilei in
junction suit. Fitch represents the
plaintiffs in the case of Kanakanui ct
al. VS.. John Ena ct al In brief, the
colonel winds up as follows:
1t was proved or admitted at the
hearing of this case that the plaintiffs
are the trustees of Kaumakapili
Church; that Kaumakapili Church has
been for more than twenty years a
Christian Evangelical religious asso-
citation. owning the lot and small
church building opposite the main
doors of Iwilei.
That religious services have been
held for many years in this church, at
times regularly and at times occasion
ally. by Kaumakapili Society; Rev.
NJ. Timoteo as pastor, or with some
member of the society officiating.
These meetings were held on Thurs
days and Sundays. The fact that sew
eral witnesses living $50 feet. or more
than an eighth of mile away, did not
know of these meetings. does not in
any way disprove the positive testi-
mony of the secretary of the society
that they were held. Except in moot
courts. the testimony OF a hundred wit
nesses who did not see thing is not
an offset to the testimony of one ere
dible witness who did see it.
The services conducted by the Kau-
makapili Society were supplemented
by services conducted in the building
| by Rev. Mr.. Azbili and other clergy
men of Honolulu. Mr.. Azbill was not
successful in his scriptural controver-
sy with the Court and not happy in
his choice of quotations. but the fact
that he surrendered his attempt to
( gather q harvest of souls from barren
field does not impair his credibility con-
corning the efforts that he made before
relinquishing the task.
1t was shown beyond doubt that
Iwilei was bawdy house and very
shameless one.
The defendant Tademoto ozaria
swore that, although lessee of the
place and in constant receipt OF rents
collected by his agent. Matsuma, from
the women. vet he did not know the
character or vocation OF the women
and did not know and had never heard
that q bawdy house was being con-
Quoted there. This defendant per
iured himself so shamelessly and dar-
ingiy that take the liberty OF sug-
gesting to the Court that | VIII per
form a public service il win order
his testimony to be written up and
submitted to the Grand jury OF the
Attorney General
The occasional intrusion Of wander
ing goats into the church building
does not in any way lessen the right
OF the trustees TO an injunction. The
honest occupant OF q house who
shares his lodging with his pigs has
as good a right 10 an Injunction
against a bawdy house as the tenant
Of q palace. II Kaumakapili Society
permitted its altar to be used a. e
manger and it's pews for goat stalls
and with no other floor than the earth
yet II IS as much entitled TO be pro
tected against the establishment and
conduct OF bawdy house with oper
doors opposite its front entrance a
the Central Union Church
II appears that Iwilei Is dead and
buried, The stockade around II hss
been torn down: police protection has
been withdrawn: the Act 70 Mitigate
has been Felegated to the limbo Of dis
earded statutes. and not even . COPS
can be found Of the regulations which
Il Is claimed permitted fornicatIo1
within IT'S walls The claim for money
damages in this action is withdrawn
For what then does the iessee. Todens