The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1903-06-16
BERGER'S ATTACK
ON KOREAN LABOR

I lector Of customs at Honolulu and ad-
hitting his evidence that the letters
from Washington were in the nature
of official correspondence. Mr.. Hart
! well ELECTED further that the letters
(; were franked Of postage in official en-
! velopes.
When counsel shortened one Of his OBJ
| jections by saying the exhibit was cir
revelant, immaterial, ETC., the same
| as the Others" the court ruled:
mo. Make your objections to each
one by itself"
Plaintiffs counsel seemed to have got
more than they bargahied for when
Judge Estee gave them two days in
which to replace the John Does and
Richard Roes of the complaint with the
real names of the Koreans alleged to
have been unlawfully brought into the
country.
I'VE have not the proper names yet"
Mr. Matthewman plaintively said
well, you had better get them" the
court answered.
Inspector Brown was now on the
stand and by request produced the
manifests Of the Korean arrivals in two
bulky rolls.
THAT will keep you busy" Judge Es-
tee commented. He ruled at the same
time that the transactions of the COL
lector of the port could not be investi-
gated, even by a grand jury, therefore
denied request that the manifests be
filed. He would allow the collector to
be examined as a witness but would
not go further. The court did not have
the power to compel the collector to
surrender the documents, and doubted
If it would do so if it could.
"This court does not often send wit
nesses to JAIL" his Honor continued.
You may have the papers to copy the
names and then return them to the
collector"
Mr. Matthewman asked for a ruling
that the witnesses should give the
names
eff they can remember 113 Chinese
or Korean names they have good men,
cries. Judge Estee remarked and then
asked Brown and Stackable in turn If
they could remember the names, to
which both replied in the negative. The
court stated that the law allowed not
more than thirty names on each mani
fest.
Mr.. Brown testified he did not think
Mr.. Bishop was sworn in the investiga-
ton of the Koreans, but only made a
statement.
Collector Stackable, recalled, said not
only was there no dissent by any men,
Der Of the board. but on a poll every
member present voted to admit the
Koreans. He produced and read the
boards report in proof.
Mr.. Matthewman, the respondent
having rested, said: Before putting
on any evidence in this lase we re-
specially move to dismiss the plea in
bar" He went on to argue that the
respondent had failed to prove that the
board Of inquiry was appointed in con-
formity with the law of March 8, 1898.
Mr.. Hartwell argued in reply and the
court took the motion under advise
ment.
When Monday was suggested for the
further hearing, Mr.. Bigeow suggested
that the Supreme Court was to open
its session that day.
so far as the Supreme Court is con-
cerned, we will adjourn" Judge Estee
mused but we must draw the line at
the police court. We adjourned the
other day on account Of the police
court"
! Mr.. Matthewman stated that the
plaintiff was not in a position then to
state whether he should put on evil
dence. 1t depended on the decision the
court would make on the motion to dis
miss the plea in bar. Counsel looked
around anXiously for something and
then said:
Il do not know whether you have
made an order regarding those lists or
manifests. They We're here a moment
ago, but are gone now"
Let plaintiff have access to those
papers, the Judge said, and forthwith
adjourned court.