Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-03-11

cision of Judge Gilbert F. Little.
Fourth Circuit, finding Sheriff Andrews
guilty of contempt of court:
In the Circuit Court Of the Fourth Cir
cult, Territory OF Hawaii,-At
Chambers
IN the Matter of the Citation of l.. A.
Andrews, Sheriff of Hawaii. to
show cause. II any he have. why
he should not be held in contempt
OF Court for disobeying an order
of this Court.
Finding Of Fact.
The record in this proceeding dis
closes the following state of facts:
That at the January term of this court.
to wit, January 9th, 1902, in a certain
cause therein tried wherein the Terri
tory of Hawaii was plaintiff and Zu'
mozulsi Kozuld, a japanese, was de-
PENDANT, the defendant was defendant.
the defendant was duly convicted by
jury. and sentenced to pay a fine OF
$3.50 and the costs of prosecution,
amounting to $22.20. into the hands
Of the clerk of this court. and that he
stand committed until fine and costs
are paid"
That subsequently at said January
term of said court towit: on January
18th 1902, in certain criminal cause
tried in this court, wherein the Terri
tory of Hawaii was plaintiff and Chan
Kee, a Chinaman, was the defendant,
tried on a charge of epbezzlement and
duly convicted by a verdict of jury
and by this Court sentenced to pay a
- To,
amounting to s23.50 Into the hands OF
the clerk of this court and that he
stand committed until the fine and
costs are paid;
| And subsequently. to wit: on the
goth day of January. 1902, It having
been made to appear to the satisfac.
ton of the Judge OF this court at cham.
bers by the clerk thereof that the
Sheriff Of Hawaii had received the
fines in the above entitled cases and
had neglected and refused to comply
with the sentence and order of this
| Court In this, to wit by refusing to
pay the said fines and costs for said
defendant to the clerk of this court.
as ordered, whereupon the Court is.
sued the following order:
In the Circuit Court of the Fourth Cir.
cult, Territory of Hawaii.
\ At Chambers. Janary %, 1902. A. d.
1t is hereby ordered by this Court
that the fines. costs and forfeitures
OF all persons, convicted of crime in
this court shall be paid to the clerk oil
this court, who shall give receipt
therefor; which receipt shall balance
the Sheriff's books in lieu of the fines
costs and forfeitures aforesaid; and
that no persons shall be relieved from
custody Of the Sheriff until the money
has been properly paid into the hands
of the clerk of this court.
II Is further ordered that the Sheriff
OF Hawaii shall report to the clerk o.
this court In writing the manner Of
the execution of the sentence OF any
person sentenced by this court and the
clerk shall enter satisfaction of the
judgment therein accordingly.
This order applies to all fines, costs
and forfeitures of bail at or during anC
from and after the January term, AID
1902, of this court.
Done at chambers this Goth day Of
January, A. d. 1902.
And on the Sheriff's continued ant
persistent refusal to obey the order
OF the Court a citation was issued out
of said court on the 9th day of Febru
airy, 1902, for the said Sheriff to appear
in due form as required by law before
the Judge of this court and to show
cause If any he have why he should
not be held in contempt OF this Court
for refusing to obey its order. etc.
Subsequently on February 25th. 1902
the defendant Sheriff. appeared In
court In person and admitted that hi
was the Sheriff of Hawaii at, before
during, and since the January term OIL
this Court. 1902, and as such Sherin
he had received the fines of Chan Kee
Chinese. defendant, and Zumozuk
hosuki, a Japanese, defendant abov,
referred to that he had the money II
form as required law before the Judge
OF this Court and to show cause IL any
he have why he should not be held II
contempt of this court for refusing e
obey its order, etc.
Subsequently on February 25th, 1902
the defendant Sheriff, appeared II
court in person and admitted that h,
was the Sheriff of Hawaii at, before
during, and since the January term o.
iiiS NOult' lVVS' anu uS SuCH OHtIll
he had received the fines OF Chan Kee
Chinese defendant, and Zumozuk
Kosuki. a Japanese, defendant, above
referred to, that he had the money IL
his possession at the time the order
to pay 1t into the hands Of the clerl
was issued and that he deliberately re
mitted II to the Treasurer of the Ter
rltory of Hawaii after a copy OF the or
der of January Goth had been served
upon him as Sheriff giving as his rea
son for sending 1t to the Treasurer aft
err having received the following or
der, because had direct instructions
in writing from High Sheriff to do so
with which order he sent me a copy o.
instructions to him from the Attorne!
General"
The Sheriff further testified as ap
pears of record. THAT the order wal
Issued the goth OF January; that he re
ceived the money In question for flnei
and costs in the two cases herein
above referred to on January 10th anC
zv,n respectively. The citation wal
issued February 9Th in due form al
required by law; and according tosth,
Sherin's own statement and over hi
signature as indicated by defendant
exhibits A and B. he RENTED the mon
ey the following day. Notwithstanding
: the fact that he had been returned
into court by the bailiff Officer Il. d.
Silva Of this cOurt and was tha,