The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-01-20
PEACOCK
MUST PAY
Judge Estee Rules
In WhaIen
Case.
Secretary of Treasury
Asked to Remit
Fine.
Court Criticises Answer of De-
fendant Again-Petition for
the Remission.

forfeiture of the Julia E. Whalen to the
United States, or that the sum of 81, OO(
be paid by w. C. Peacock, at which he
fixed the value of the vessel. Mr.. Pea
cock has filed a petition for the remis-
sion of the penalty, and a hearing on
this matter will be held next Thursday
and the evidence transmitted to Wash
ington for the action of the Secretary of
the Treasury.
Judge Estee also repeated his crit
icism of Mr.. Peacock's answer, in which
he neither denied or affirmed the
knowledge of his citizenship.
The hearing in the morning was brief,
! Collector Stackable and Deputy Clerk
Hatch being the only witnesses for the
government. The former testified con-
corning the oath taken by Mr.. Peacock
that he was an American citizen, while
the latter testified regarding a later APP
plication for citizenship papers on the
was put on the stand for the defendant
and simply stated that he had no rec
objection concerning the oath taken be-
fore the collector.
Judge Estee delivered an oral opinion
upon the opening of court in the after
noon, finding IN favor of the United
States, Reviewing the complaint and
the answer, the court held that all the
allegations were practically admitted.
excepting as to the value of the vessel,
which the court fixed at $4,000 Judge
Estee stated that the defendant must
have known whether the allegations of
the complaint were true or false, and
should have admitted what was true
and denied what was false He said,
further, that it was impossible. in this
age, for a man not to know the country
of which he is a citizen, and if he didn't
have sufficient intelligence for that he
should not be allowed to come into a
court of justice. ct is travesty upon
justice" said the court, 'to say that
a man didn't know whether he is a cit
izen of a foreign country or not. 1t
is only that human nature is not all
alike that keeps the court from punish
ing the defendant as he deserves for
making such a statement in a plead
Ing''
The court rendered judgment against
the defendant in the sum of $4,000.
Judge Highton asked for twenty days
stay of execution, but there was OBJ
lection from Mr. Breckons and the
question was not passed upon.
Prior to the trial a petition was filed
for the remission and a summary in
JURY into the circumstances of the
case. At this hearing evidence will be
presented and forwarded to Washington
or the consideration of the Secretary
# the Treasury.
In his petition Mr.. Peacock relates
he details of the purchase of the Julia
:. Whalen for the Marcus Island Com {
any, and the registering of the vessel. s
1S says lhdl lie huNW that NapN1AA4i
sosehill, the master of the vessel was {
n American, but had no knowledge 1
hat the owner thereof had to be a Cit t
zen of the United States. He says fur S
her. "he was informed that having
oted under the Hawaiian monarchy, O
nd having spent a considerable por {
on of his life in Honolulu, doubt was q
ntertained by lawyers as to whether a Il
erson in that position did not become a
citizen of the United States, ipso facto, h
n the passage of the Organic Act" g
He relates further that he refused to h
Iecute a bill of sale which contained Ii
clause reciting his citizenship. and
lat he was duly naturalized, whereup- fc
l he executed the conveyance. al
Mr.. Peacock admits that he has tech o.
cally incurred the penalty, but that "a
: has been guilty of no moral turpi- or
de whatever, that no benefit accrued n,
could possibly accrue to him, and no n
or other injury had been
me or could have been done TO others
reason of his action. He says also 8,
at he had no knowledge OF the in =
rument signed by him, and regrets =,
at he did so, and that "some other :
lily qualified person could have been :,
Instituted for him. :.
The petitioner further says that he :,
now convinced that he was negli- 60
mt and careless in signing the said as