The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-03-29
OPIUM KING
IN PRISON
Will Whaley Was
Convicted of
Fraud.
WELL KNOWN HERE
DURING MONARCHY
Man Who Was Behind Lottery and
Opium Deals Now In
Manila.

Handsome" Will Whaley, known in
Honolulu in the palmy and last days of
the monarchy as the Opium King is
in trouble in Manila. He has been sent
TO Jail for the alleged defrauding of
Mrs Levy, the widow of his former part
ner in theatrical enterprises. Since
Whaley's departure from Honolulu sew
eral years ago, he has been interested
in number of ventures in Yokohama,
Hongkong and Manila, and, although
he has not been living in the expensive
manner to which he was accustomed
when he came here in his yacht, the
..Halcyon," and piled his trade of SNUG
Cling opium into the Islands, yet he is
still trying to keep his pockets well lin
ed.
Whaley has had for another partner
a man named johnson, and on March
6 both were found guilty of defrauding
the widow of Samuel j. Levy. who was
concerned with them in the Alhambra
theater vaudeville show. They are said
to be the gamer by 1900 pesos. Judge
Odlin of Manila decided against the Tor
mer leader of the opium and lottery ring.
The decision was merely rendered as eX-
planatory of the courts refusal to grant
Whaley's and Johnson's application for
the dismissal of the order for their ar
rest. They had filed affidavits with the
court denying the charges of fraud tnat
and on the strength of which the order
for their arrest had been issued. In the
hearing that followed they failed to sub
stantiate their affidavits and 1t was
proven to the courts satisfaction that
they were guilty of the charges.
The Manila Times says of the case:
The question of their punishment Will
be decided at the close of the regular
trial. 1t is possible that during this
session they may introduce new testl-
mony that may turn the final decision In
their favor; but at the present time their
chances are pretty slim for a verdict
otherwise than guilty. 1t is preVa-
lent opinion among the lawyers that they
will be forced to reimburse the estate or
Levy for the sum they secured under
false pretenseS and in case they fail TO
do this, Bilidid awaits them unless Matte
Levy forgives the debt or the Civil
Commission enactS a law counteracting
the one providing Imprisonment for per-
sons who fail to pay fraudulently acquir-
ed debts. 1t was only recently that
Archibald Stewart, a young dealer in
Photographic supplies, was sent to Bill
bid for an indefinite term, varying be-
tween one year and a lifetime, because
he could not pay a debt of five hundred
dollars which he had acquired under
fraudulent pretenses.
LIKE OTHER CASES.
At one time Whaley and johnson stood
a chance of being released from arrest
on the grounds that the law under which
they were arrested, was not retroactive,
that is, it did not apply to fraudulent
acts committed prior to its enactment.
This also was the contention of Arthur w.
Prautch, accused of fraud by his former
partner Alfred Bereis, and arrested on
complaint of the latter; but the Supreme
Court definitely decided that arrest in
his case was justifiable. This decision
was death-blow to WhaIey's and john
sons hopes for release and also to the
case of Archibald Stewart and all others
who had been arrested under the law.
Judge Odlin is also of the opinion that
the law authorizing arrest for fraudu-
lently acquired debts Is retroactive ex-
cept where 1t conflicts with any vested
property right under existing law.