The Hawaiian gazette., 1902-02-21
THE DAY
IN COURTS
Three Judges But
Very Little
Work.

dun yesterday. EMBELLISHMENTS the
fact that all three Judges were In scs-
sion.
Judge Gear created some little inter
est In the morning by his sentence In
the case OF the three Porto Ricans
found guilty OF burglarizing the store
Of the Maialua 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 be wished to first confer with his
colleague, Judge Humphreys, before
ANAL action. Each of the three defend
ants were given a sentence OF three
years I'm oahu prison, the court stating
that he could, under the statute, have
sent them up for life.
The three defendants We're called UP
the first thing yesterday morning, and
Judge Gear Immediately launched upon
his exposition OF the constitution and
the NTH 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 1T was ms
duty under n 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 "A number of
cases that where 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 I'm a police officer, or
without first getting 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 IL was possible for
them to go in CONFIRMATION of the
fifth amendment TO the constitution.
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-
y
constitution gives no right to the man
ager of Waialua Agricultural Company
to 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
magistrates search warrant. He had
no more right TO do this than has an
unauthorized police power to break in
10 a 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 a right
to search a place without the proper
papers" The court further stated that
he 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. l shall
confer with the Attorney General and
my colleague before passing sentence.
I do not wish to criticise the jury, for
under the evidence n verdict of guilty
was justified, when taking into consid
Grafton the testimony of the witnesses
ranted and outrageous in free America
The plantation managers will have to
learn 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
of us"
In the afternoon the court went over
the same matter in sentencing each of
the defendants to three years at oahu
prison.
CRIMINAL CASES.
All Nee was acquitted by a jury on
the charge of stealing a bicycle The
prisoner, who was defended by +. NJ.
Brooks, claimed that he bought the
wheel for Sc, and showed a receipt for
the money. He is n boy of but four
teen. The prosecuting witness rode off
with the machine.
JOS. Meranda, charged with the lar
ceny of sundry spoons and cash, was
acquitted by jury before Judge Gear
yesterday afternoon.
'SAIaHdWnH HaOIHa
Judge Humphreys is occupied in
hearing the case of Wong But Nam VS..
Chock Sing, an action in assumpsit. A
jury was secured yesterday afternoon
and the trial will continue with the
taking Of evidence today.
BEFORE ROBINSON.
The case of Chung Man Sing VS.. NJ.
G. Amana was set for trial before
Judge Robinson, but was discontinued
just a few minutes before IL was to
be called for trial
A demurrer in the case of j. Alfred
Magoon trustee, vs. g. Lai Young, was
taken under advisement by Judge Rob
inson.
Judge Robinson will hear case No.
~ on the civil calendar this morning.
1t Is entitled David Kaalelopono VS.. *.
l.. Kaiei.
DAVIS IN TROUBLE.
George Davis came near getting into
trouble again yesterday. He was in
Gears courtroom and amused himself
by tickling Mr. Atkinson in the neck
with a handkerchief, while the latter
was at the clerks desk. The court
saw the by-play and asked Davis If