The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1903-06-27
HEIR SHIPPED
TO HONOLULU
LIVELY DISCUSSION IN CAL1FoR-
MA SUPREME COURT OYER A
BOY SENT HERE.

BOY SENT HERE.
The san Francisco papers Of June is
tell of a lively discussion in the SUI |
preme court over the case of boy who
is said to have been shipped to Homo
lulu, a citation for contempt having
been issued against r. F. Johnson,
mayor of Monterey. because he failed
to produce the youth. The name of
the latter is Leo Christal and he is an
heir under the will OF Alberto Trescony.
The Call says:
There was plenty Of excitement in
the Supreme Court yesterday in the
course of the proceedings for contempt
brought against Mayor r. F. Johnson
of Monterey and his wife The attor-
neys for the contestants fatty contra
dicted one another repeatedly in mat
ters of fact, and even the Justices
showed an unusual amount of feeling
in their debates over various features
of the case.
1T developed that Leo Christal, in re-
spect to whose guardianship the whole
trouble originated. had gone to Homo
lulu early in May. Finally the tribunal
ments in the case be submitted and
decision was withheld.
after the court had been called to
order, Attorney Lacey, for the Johnsons
made a statement to the effect that Leo
Christal had visited his clients at Mon
terey on February 10; that he remained
with them until May ?, and that he
sailed for Honolulu on May 6
ION discrimination by DR..
Chistals lawyer Johnson admitted
that he had given the boy the freedom
of the house at Monterey; that he had
furnished him board and clothing and
that he had given Dr. Chalmos 800
with which to pay the youths passage
to the Hawaiian metropolis. He de-
clared that he was willing to pay the
boys expenses at school, and declared
that his whole interest in the matter
was desire TO faithfully carry out the
provisions of Alberto Trescony's last
will and testament.
Attorney Lacey then attempted to
show by the testimony of the witness
that the latter could not obey the man
| date of the court to produce the boy
because young Christal was not in the
custody of the defendant at the time
| of the issuance of the writ. Chief
! Justice Beatty asked johnson IL ne
thought it right to encourage a child
to disobey his father and to furnish
him with money with which to escape
from that parents Jurisdiction. This
question appeared to stagger the wit
ness, who looked to his attorney for
assistance without attempting to make
/ a reply.
THE opposing counsel We're given an
opportunity to air their views, which
they did contemporaneously until stop
| ped by the court. The question in de-
bate was the responsibility of the John
sons for Leo Christal's departure to
Honolulu. 1t was declared by the wit
ness that the boy went for the purpose
of meeting his sister. and that no
further plans had been made in the
matter. AS administrator of the es-
tate of Alberto Trescony, johnson said
he intended to make a good man out
of the youngster if it should be in his
power so to do.
at was shown that the runaway felt
that he had been ill-treated by his
father and that he had stated that he
would never return hime under any
conditions. The Chief Justice declared
that it would have to be shown that
the physician was not a proper guar
dian before johnson could seek to re-
lieve him of his parental duties.
at seems that there was free fight
for the custody of the boy outside the
court at Salinas early in April. DR..
Christal hit Constable Smart in the
jaw and the latter leveled revolver
at the physicians head, but was pre-
vented from shooting by the crowd
which cOngregated. Chief Justice
Beatty argued that DIR. Christal was
the boys natural and rightful guardian
and could not understand how Johnson
felt qualified to interfere in the mat
ter. The witness was also asked if he
thought the provisions Of Trescony's
viii should supersede the statutes.