Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-12-30
EVERYDAY WANTS And BUSINESS DIRECTORY
HlwAWs GREATEST OPPORTUNITY FOR LARGE RETURNS ON SMALL INVESTMENTS
Mr.. PEACOCK'S AFFIDAVIT

Editor Evening Bulletin The pub.
lishod reports o. Judge Estee's decis.
ion In the case oi the United States vs..
W. G. Peacock prompt M 10 give q
statement of the facts, In order that no
Misrepresentation may exist as to my
position.
Prior 10 my becoming citizen Of
the United States. believed myself to
be British subject, but was advised
by counsel that serious doubts had
been raised on the question under the
Organic Act. and that my status was
not clear.
My answer to the charge was: "IIe
(the defeudanD denies that at the
time Of taking the oath aforesaid, II In
fact he took the said oath. he. the said
defendant. KNEW, ALTHOUGH HE
SUPPOSED HIMSELF TO BE, sub.
ject or citizen OF a foreign power.
can hardly be expected TO make a
decisive reply on a legal question,
where the opinions Of counsel differ,
and my answer was made honestly,
and without any intention Of introduc.
ing a sham or evasive element, and
venture to assert. without for mo
ment questioning the decision of Judge
Estee upon the law. that. as under
stood by ordinary business men. II was
neither.
As TO the oath | am charged with
thaving taken, have never had copy
of the document. and have no present
means of inspecting II.
Messrs. Fitch and Highton have ap
piled TO the Collector of Customs fol
an opportunity to examine 1t, but th'
duplication was refused. and my attor
neys are consequently unable to show
me its exact terms.
am therefore not in a position pos
itively TO affirm or deny the charge 81
far as the contents of the oath are con
cerned, and stated explicitly as fol
lows:
That the said paper may be thu
oath mentioned and averred in said pc
tition. but, as TO whether II is or no. o
of the actual contents of said paper
this defendant has no knowledge, al
though he Is informed and believes
that the said paper and the oath 81
averred In said petition are Identical
The oath was taken by me, II at all
hastily and without any consciousness
OF its contents, II certainly was no
read to or by me, the question Of citl
zenship was not mentioned, and ha'
not the remotest idea that was rep
Presenting myself as an American eiti
zen. -r ~.
; Between the date OF the ALLEGED
oath, July I'd. 1902, and the date OF tn
complaint, eighty'two days elapsed
and In the meantime the Julia II. VIVA
len, after had been formally natural
lied, and had transferred the vessel u
the Marcus Island Guano Company
had been advertised for sale at public
auction, ana the Marcus Island Guan'
Company was allowed to dispose oil TN
Nessei, without any mtimatlon wha'
ever that the collector OF customs IN
tended TO charge me with any irregu
iarity'
On september Z5d last when IN
, title to the vessel was transferred I
the purchaser was hrst challenged
and apparently the Collector waite
untll the moment arrived when coul
be put to the greatest annoyance, an
possibly considerable expense II NJ
refusal to permit the transfer mad bee
upheld
Immediately called upon the UNI
ed States Attorney, Mr.. Breckons. wh
decided that the transfer should be a
lowed, and so advised Mr.. stackable
: ] asked for permission to have m