The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-02-21
THE DAY
IN COURTS
Three Judges But
Very Little
Work.

|
Judge Gear created some little inter
est in the morning by his sentence II
the case of the three Porto Ricans
found guilty of burglarizing the store
of the Waialua Agricultural Company
! The poor old constitution was again
| brought into play for a TRADE against
the plantation men. and an implied at
tack upon the Attorney Generals De
partment, and the court was so over
come by the ordeal that he postponed
sentence until afternoon, announcing
that he wished to first confer with his
colleague, Judge Humphreys, before
final action. Each of the three defend
ants were given a sentence of three
years in Oahu prison, the court stating
that he could, under the statute, have
sent them up for life.
The three defendants were called UP
the first thing yesterday morning, and
Judge Gear Immediately launched upon
his exposition of the constitution and
the fifth amendment. The court stated
that he should not have allowed the
evidence so obtained in violation of the
constitution to go to the jury, but no
objection was made, and it was his
duty under a United States Supreme
Court decision to protect the interests
of the defendants
THE evidence was clearly not ad-
missible, said the court. under the
ruling of my colleague, Judge Hum
phreyS. These witnesses for the pros
ecution, the plantation manager, lunas
and others, according to their own teS-
timony, entered the rooms of these de-
PENDANTS, without search warrant, or
right to do so, TO find evidence which
was introduced at this hearing. Judge
Humphreys has held in number of
cases that where a mans house is in
vaded without search warrant, the
evidence so obtained is not evidence
which can be used against him. The
evidence here shows the most glaring
and unrighteouS acts on the part of
the witnesses for the prosecution. The
manager, lunas and other employees,
without calling in a police officer, or
without first getting a search war
rant, entered the room of these de-
PENDANTS and put their hands in the
pockets of the men, compelled them to
strip and searched the room. They
went as far as it was possible for
them to go in contravention of the
and their whole evidence comes from
this illegal act. These plantation man
ayers evidently believe they have the
same rights as they did under the Re
public. when we had slavery here. The
gives no right to the man
ager of Waialua Agricultural Company
20 go to a mans room, strip him of
his clothes, search his trunks and va
lise. dismantle the bed, or do as was
done in this case. There is a proper
way TO do this-by the use of a police
agistrates search warrant. He had
no more right to do this than has an
police power to break in
TO private house"
The court referred also to the Old
acts of the police in obtaining evidence
as to opium smuggling as illegal, and
also to the statement of the manager,
who ''unblushingly admitted he did all
these things. No man. even the Pres
ident of the United States, has right
to search place without the proper
papers" The court further stated that
ne should not have allowed the evil
dence to be admitted. but the jury had
found them guilty, and it was only for
him to sentence them. Il am not de-
termined to release these defendants
said the court. but l am somewhat
worried as to their punishment 1 shall
confer with the Attorney General and
my colleague before passing sentence
do not wish To criticise the jury. for
under the evidence a verdict of guilty
was justified, when taking into consid-
Grafton the testimony of the witnesses
for the prosecution, which was unwar-
-anted and outrageous in free America.
The plantation managers Will have to
earn that they are past living as kings
over those under them, and they are
here given notice that their employees
have all the rights which the consti-
tuition of the United States gives all
IF us
In the afternoon the court went over
he same matter in sentencing each of
he defendants to three years at Oahu
prison.