The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-12-08
4 STORMY
COURT DAY
8ertelmann Tells About
his Directory
Scheme.

The storm flag was flying in the Fed
eral court ali day. There was more
time spent in arguing on the admfssi-
bility of evidence than in taking evil
dence
Frank c.. Bertelmann, defendant, took
prosecution had rested. His line of
defense was obvious, being that his
operations among Chinese and Japa-
nese were purely connected with an
Oriental business directory of the Ter
ritory he planned to published. He
positively denied that he pretended to
be a Federal officer, exacting fees for
Ipig-keeping permits or anything else.
| Mr.. Straus, defendant being on the
stand, offered a parcel of books in evil
dence.
| Mr.. Dunno objected that the books
had nothing to DO with the case. They
did not come there from the defend
ant but from the publisher. If the
evidence of Uehiro and Matsuoka was
believed by the jury. the case ended
right there.
| Mr.. Straus made a. remark, to which
Mr.. Dunno called the attention of the
icourt. The attorney for the defendant
just then walked over to the water cool
er in the corner on the extreme right
Of the bench.
/ did you say this was a gullible jury.
Mr.. Strauss" Judge Dole sternly de-
manded
i Il did not, your Honor" Mr.. Straus
answered as he came again to the
front. What said was that it would
be a gullible jury if it believed the evil
dence counsel mentioned"
! ct was an improper remark" the
court rejoined, and L ask that you
Withdraw it,
Since the court orders it. I with
draw the remark Mr.. Stratus respond
ed
! Then there was more wrangling about
! the books. Mr.. Dunno said they were
immaterial to the case. being "a mere
sham and pretense.'
! Mr.. Straus now called the courts
attention to the Assistant District At
torney's remark. He characterized it
as intended to influence the jury and
coming under the learned counseTs
own description of police court tao
ties
/ Judge Dole ultimately let the books
go in, subject to further rulings as the
object developed.
! Bertelmann, shown one as represent
ing dozen books. told of his going to
Amana. Chinese publisher and max
! ing terms with him for printing the
books. The charge would be $3.50 a
page and, as there were to be 300
pages. the entire bill $3.50. Amana
wanted a bond for expenses and finally
a bargain was struck whereby a dozen
of the books should be printed, Bertel
mann to pay one-half the cost of them
in advance
Defendant explained in detail his sys-
tenn of getting up a directory-the
rough canvasSing book, the TRANSCRIPT
ing of names with errors corrected in
to the ruled books, the cutting out of
the written sections between the lines
for arrangement OF the names in al
phabetical order. etc.
Mr.. Straus admitted in contest over
| the question of good faith represented
by the books, that the edition ordered
had not been, taken out of Amana's
hands by defendant, but said in explain
alton that Bertelmann was arrested,
put under $4,000 bail and twice acquitted
in that court under similar charges to
the present.
But that was over six months ago"
the court observed.
/ Defendant explained the purpose Of
two kinds of receipt" books, as they
We're called, which were next produced.
They were in reality books of contracts
for advertising in the directory and
subscriptions thereto.
nina tiO0 started inst be-
fore adjournment.
Judge Kepoikat at Wailuku on We'd