The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-03-24
ff NOHH SAL GOES BCK%R SUSTAINED EENBRG MMDM HANGED HNSH
EsTEE ORDERS HIM SENT TO
CHINA.
Failed to Prove He Was a Native Of
Hawaii-Contradictory Testimony in
the Case

! Judge Estee this morning gave de-
cision remanding Leong Sal, alias All
| sal, to the custody of Collector Stack
Iable, to be depOrted to China, holding
/ that the Chinese had failed to prove
/ Jhat Hawaii was the country of his
/ birth. The decision was as follows:
/ while the petition alleges that the
/ petitioner was born on the 2lst day of
/ October 1882, i'm Manoa Valley. near
| Honolulu, Island of oahu, in this Ter
| llJory the witness testified i'm his own
! behalf that he was born i'm November.
lSNZ, that he went to China when he
| was two years old with his brother and
/ his parents; that his father is dead
| and his mother and one brother now
| live i'm China. that he remained there
until he was twelve years old when he
! returned to Honolulu; this would be in
lo24 or l690i that he stayed here until
| l9Ol when he again went to China i'm
| July of that year, returning to Homo
Iuiu on the 18th day of January of this
! year when the Collector of Customs re-
| FUSED TO allow him to enter.
! He testified further that he lived i'm
| TINS territory from he time he was
! twelve years of age lin 1894 or 1Sg5D un-
III 1901, and yet he speaks no English.
! dresses like Chinese has every an
| pearance of Chinaman, and when
asked by the Court if he was an Ameri-
]
| Chinaman.
"One Noah Kauhane an Hawaiian
| hatlNe of the Islands, was called for the
! petitioner, and testified that he remem-
! Ders the birth of the petitioner in the
! Islands; that the petitioners father
! was a cook for the witness father. and
! being absent from his duties. some
! time i'm 1882, the witness was sent to
| find out the reason why: that upon in
|quiry the cook said to him that a bow
! baDy mad been born to him: that he.
! witness, did not see the chilli: that
| afterwards he used to come to Homo
iulu with his father and he saw this
| BOY and knew it was the same body:
| that in 1887 witness came to Honolulu
to attend the Kamehameha School, and
| during that time, saw the father and
child on the street. When asked by
he Court if this China boy was not i'm
China from 1884 to 1894 continuously
he said in reply he was in Honolulu
IN 1885, in 1880 and in 1898, the boy that
1 am giving testimony about
"All of which is in contradiction of
the testimony of the petitioner himself
| who swOre that he did not come back
to Honolulu from China until he was
| twelve years Old, which would be either
IN 1894 or 1888, II his allegation as tC
his birth was true.
The only other witness for petition
er was one All Lam, a Chinaman who
/ testified only that he had known petf-
! toner as a waiter for three years prior
to his departure for China in 1901
AT the time the petitioner was alleg-
| ed to have been born i'm these Islands.
the law made it penal offense for any
| parent not to report for registration
| the birth of a child. CSec 8 Act OF
1878, Compiled Laws of Hawaii. 1884
p. 2l2). 1t is presumed that all births
|oI children We're registered in accord