The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-05-28

Eyes, but"
Never mind, didn't your
eyes, 1 said it" the witness finally
managed to say, 81 said it because -
rs it true? interrupted Brooks.
'"You fellows told me to say it. You
say lose money if don't
BROOKS TOLD HIM TO,
$50 money is all you care for. is it? .
-You tell me to answer that way, to
say don't know" insisted the wit
ness.
so you would go on the stand and
take an oath an stiIl tell lie?"
II didn't tell lie"
"You said You weren't member of
the bank?"
because you tell me to. and say
lose If don't"
"Who told you to-?
swhy. you fellows, you tell me ! will
lose money If say that"
This ended the examina ton and MT.
Peters was sent for.
| The defendant offered to admit what
he would say. but demurred when Mr..
Andrews began to state what he ex-
pected to prove by Peters. Adjourn
ment was then taken until one o'clock
to permit Mr.. Peters to testify.
PETERS ON THE STAND.
Mr.. Peters went on the stand in the
afternoon and told how Baker had first
come to him with suggestion that a
hui of Chinese gamblers was ready to
pay for police protection. There were
several visits to the office of Peters and
finally Baker had said the Chinese were
Iwilling to pay $500 per week for each
game allowed to run. Upon these oc-
lcasions Mr.. Peters said, he had always
put Baker off so that he could get at
the principal. Finally Sunday was tx
ed upon as the day at which the prin-
cipal was to call at the Attorney-Gen-
erals Office. Objection was made TO MT.
Peters testifying to any conversation he
| had with the Interpreter and Judge De
Bolt ruled that this evidence could not
be presented, as a man is not bound by
any statements not made in his pres
ence, or which he does not understood.
| The witness however testified to the
manner of Tong Kai, and that he APP
peared to understand what was going
on. ION several occasions" said Pc
tiers, while Baker was interpreting to
me, the defendant would check him,
and seemingly correct him. On occa-
sion, too, Tong Kai would begin to re-
ply in Chinese to my questions, be-
fore Baker had a chance to interpret
it,
Mr.. Peters further testified that there
had been no arrangements of any kind
with Baker, and that he had reported
the fact to the Attorney General. He
said that it had been an insult to the
Department, and considered any trap
justifiable to catch the parties.
The cross-examination of Mr.. Peters
was brief. He said he was twenty-five
years of age. and had practiced law
since he was twenty-one. He said also
ne had not given his photo to the Adj
vertiser, and that he had not appeared
in any pakapio cases.
Mr.. Brooks then announced after
consultation with the defendant that he
mediately upon his argument to the |
jury. This was simply to the effect |
that there was no testimony Of bribery, |
except that of Baker, who he said. had |
solicited Tong Kaf to go to the At
forney- General. Further that gam
one gambled, and the Chinese always
would gamble in Honolulu. He did not
believe there was any case against the
and further there could have
been no attempt to brihe Peters, for he
was not prosecuting any gambling cases.
Mr.. Andrews replied briefly and Judge
De Bolt then instructed the jury, which
retired shortly after two O'Clock. With
in an hour and a half the Jury returned
a verdict of guilty.
Tong Kai was Immediately called be-
fore the bar, and in response to the
courts questions said he had nothing
to say why sentence should not be pass
ed. He also stated that he was not
employed and did nothing for living.
THE SENTENCE.
THE law provides the highest penalty
for this offense to be imprisonment for
two years. which the legislature looks
on as the proper penalty said Judge
De Bolt. THAT is the penalty for ex-
IRENE cases, and while 1 will not say
this is an extreme case, yet it is seri-
BUS case The sentence OF the court is
that you be confined in Oahu Jail for
the term of eighteen months. and that
you pay the costs of this proceeding
Mr.. Brooks noted an appeal and sug-
sested that the bail bond be fixed at
$500. which the court said was too lit
tie.