The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1903-11-12
CHEONG KWAI
NOT MARRIED
SUPREME COURT SUSTAINS HIS
CONVICTION-FAILED TO PROVE
CHINESE WEDDING.

The Supreme Court yesterday decid-
ed the case of the Territory against
Cheong Kwai, charged with assault
and battery, a case which aroused much
interest when tried in the circuit court.
The principal point contested in the
higher court was as to the admissiblity
of the testimony of a Chinese woman,
whom the defendant claimed was his
wife and therefore legally incompetent
to testify against him. Judge De
Bolt heard lot of testimony as to the
nature of Chinese marriage and final
ly held that a marriage had not been
proved. He allowed the woman 10
testify and the Supreme Court, in a
unanimous opinion by Galbraith, sus-
tains his ruling. The decision says:
THE burden was clearly on the de-
| PENDANT TO prove that the witness was
his wife. Apparently this burden was
assumed at the trial although it is
denied in his brief. An attempt was
made to prove a marriage at Hong
| kong according to Chinese custom fol-
! lowed by Capitalization there and in
| Honolulu. Evidence at length was
| given to show what was essential to
constitute a marriage under custom in
| China. The Judge found that there
/ was a failure to show a compliance
with the essentials of marriage under
! this custom and that a marriage had
not been proved and that the witness
| was competent.
The defendant testified to the mar
riage a Hongkong and another wit
ness swore that he attended the mar
riage feast The woman testified that
she had never been married to the de-
| PENDANT and that the first time she
saw him was the day after she arrived
| at Honolulu, about - years ago, when
he was presented to her as her pro-
| tector by the steward of a sailing YES
! sci in whose care she came to the ISL
ands; that the defendant paid this
| steward 500 for bringing her and that
she then went to live with the defend
ant and continued to live with him
/ for five years thereafter and as long
as he would support her; that when
the defendant refused her support she
took uD with another Chinaman and
/ lived with him for year and until
| he returned to China, when she be-
| came intimate with a Chinese actor
and after he deserted her she was TAX
en- up by Fong Quin and had lived
| with him more than a year prior to
the shooting.
/ 1.-THE evidence sustans the finding Of
the trial Judge that there was a fail
! ure of proof of a marriage between
: the woman and the defendant accord
! ing to Chinese custom.
THE evidence would not warrant
! finding that there was a common law
! marriage between the parties or sup
port a presumption of marriage from
cohabitation and general reputation
: recognized by some of the reported
cases. The witness under the evil
dence in the record was entirely too
promiscuous in cohabiting for this pre-
| sumption to avail the defendant,
at does not appear that the defend
ant was prejudiced by the other rul-
| ings of the trial Judge excepted to
/ at the hearing of this question, for
! instance, the defendant was asked on
| cross examination if he knew any
| thing about a custom in China by
which a man gives to another man
money and receives in return a wo-
man. This question was objected to
as immaterial. The objection being
overruled the witness answered. 1
don't know any such custom The
evidence given by the expert produced
by the defendant showed that accord
! ing to Chinese custom a go-hetween
was usually employed to find cut the
age of the girl and to arrange the de-
tails 0! the marriage, one Of which
was tire transfer of a sum of money
from tho prospective bridegroom to
the PARENTS of the bride eject. 1t is
said that the money was TO be used
in the purchase of pig and wine
and cake for the marriage feast, an
essential element OF every marriage
according to Chinese custom.
1.-THE court seems to have given the
| defendant rather wide latitude in his
attempt to prove the Chinese custom
of marriage and his compliance there
with. We ere convinced that the wit
ness was competent and that there
was no error in receiving her testi-
| mOny,
! "The exceptions are overruled."