The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1902-04-25

ALI. RIGHT
No Bias Against
Them On Part
of EStee.

The United states aud Territorial
7 Judges do not agree upon the cOm-
potency Of lnforners To testify IN trials
/ for liquor violation. Both Humphreys
and Gear nj every prosecution for vio-
I lation of the Territorial liquor laws in
struct the juries to pay little heed to
the testimony Of infOrncrs In such
/ cases, and generally deliver themselves
/ OF long rhetorical denunciations Of the
F witnesses. and the terrible wrong COM
mitted by the Territorial officials in
fatherng such prosecution.
The revenue Authorities in every other
Z State in the Union generally secure
conviction OF moonshiners and offenders
against the internal revenue laws by
Just such witnesses, and the same pol
! icy is being pursued by the Federal
authorities in the Territory at the pres
ent time. At the trial of the two Cas-
tanhas yesterday several witnesses
were placed on the stand who admitted
that they were ''informers." Judge
Estee not only upheld this kind of evil
dence, but stated that 1t was the duty
OF every citizen to inform thu authori-
! ties whenever they We're witnesses to
crime, or knew of one being COM
I mitted.
Anton Lassa was on the stand in the
afternoon, when Attorney Vivas for the
defense attempted to impeach his evil
dence by showing that he was n police
| informer. The witness admitted that
he had Informed the police of the eN-
! istence of the okolehao still OF the Cas-
tahanas, when Judge Estee interrupted:
1T doesn't make any difference If he Is
an informer. The testimony of man
isn't to be disbelieved or impeached be-
cause he sees "A crime and comes to the
police and reports the facts. 1t is the
duty of every citizen when he sees a
I crime being committed to notify the
authorities"
That ended the "informer" defense in
| the United States Court. though there
were several police witnesses, the at
torneys evidently realizing the differ
I ence between the United States and the
Territorial tribunals.
| David KAPPA. McCauley and several
/ other witnesses were on the stand and
testified to the capture of the still.
| The defendants are attempting to show
that they were manufacturing vinegar
| from the ii leaves and not okolehao.
Kamaka testified that he had pur-
chased the still being used by Casthana
I
| Evidence introduced during the trial
/ showed also the existence of other stills
/ in the lantana at Kalihi, and the
| United States authorities may start a
| wholesale investigation of these al
| legged violations of the internal revenue
! laws
SUPREME COURT.
The Supreme Court heard arguments
I a.. NJ
| Dole as Governor yesterday. This is a
| controversy over a street opening and
| the Government is not really a party.
In the afternoon arguments were be-
gun in the matter of the guardianship
of Kalua Kapukini. This is the spend
thrift case in which ]. A. Magoon was
guardian. and Judge Little dissolved
! the trust.
| The Supreme Court rendered n decis-
! ion yesterday quashing the writ OF err
ror in the case OF II. Hackfeld & Co.
| VS.. Hilo Railroad Co. Chief Justice
, Frear was disqualified and the two Jus
tees passed upon the motion. A new
appeal will be taken.
CIRCUIT COURT
Henry Smith filed his report yester-
| day as master in the matter of the es-
tate OF James Woods. The question
of determining the trust because the
youngest child is now of age, was re-
! ferred to the court The estate is ap-
praised at $4,000, with liabilities OF
| $24, 405.22. The master reports also the
purchase of $50 acres of land for $4,000.
which was authorized by the terms of
the will. 1t is suggested also that the
one-half share in the Beecroft planta-
ton in Kohala, Hawaii. may have to be
sold to release the estate from debt and
preserve its ranching interests. The
accounts for the term ending Septem-
Der 8. 1901, are found to be correct.
APPEAL TO UNITED STATES sU-
PREME COURT.
The report of Cecil Brown as admin
istrator OF the estate OF ID. b. Smith
shows the receipts for the year to have
been S11,134.33, with expenditures OF
$5,S97.S4, leaving balance of $5,236.4s
Mr.. Brown reports that he has collected
all sums due the estate. excepting $25.
900 due upon policy in the Equitable
Life Assurance Co., in which the in
surance company has appealed to the
United States Supreme Court from the
Hawaiian Supreme Court.
COURT NOTES
+ J. A. Magoon has filed an inventory
!, of the estate of Harriet *. Kawainui
for which he is administrator, showing
real property on Queen street and Pa
uoa stream valued at about 5000.
7 An attachment has been issued If
favor Of T. II. Davies & Co. VS.. X. Ia
keta In the amount Of STILLS.
DISTRICT COURT APPEALS.
Appeals from Judge Dickey were filed
yesterday in the following cases:
James Fullerton vs. Lam Yip-Appea
from judgment on promissory note fol
S231.1l. This is a note alleged to have
formed the balance of a $500 fee giver