The Hawaiian gazette., 1906-07-31

Juu0 street as n NhTu Doys was Hh'l
from ambush while he was passing
along the street near the place of his
employment The case had many ele-
ments of mystery, because the boy was
not known to have any enemies. but
these began to clear away when II
was ascertained that two other Kore-
ans formerly employed in the same
vicinity had quarreled about woman.
and that there was ill-feeling between
them in consequence.
The police began rounding up Kore-
ans, and finally got the two who were
known to be enemies. Then 1t was
claimed that it developed that one of
these had shot Chan San Duk in mis-
take for his foe, and the man was
charged with the crime. taken before
the grand jury and indicted and sent to
Oahu Prison under bond fixed at $1,000
to await trial. He has been in Oahu
Prison ever since. This man. VI Marn
Young, pleaded not guilty on the advice
of his attorneys, Magoon & Lightfc OF,
when he was arraigned.
Now come his attorneys into court
with motion to have his bail reduced.
basing the motion upon an afhdavit
made by the man himself that is simply
blood-curdling Think of administer
ing the so-called water cure" the
thing for which General Smith was
broken in the Philippines. here In Ho-
nolulu, under the shadow and with the
sanction of authority. That Is the
charge made in the affidavit filed in the
Circuit Court yesterday afternoon.
The story, with all legal form and
solemnity, is told in the following mo-
ton, notice and affidavit
In the Circuit Court of the First Judi
cial Circuit, Territory of Hawaii.
Territory of Hawaii VS.. vi Marn
Young.-Indictment for Assault and
Battery with a weapon obviously
and imminently dangerous to life.
MOTION.
Now comes vi Marn Young, defend
ant above named, by his Attorneys
Magoon & Lightfoot, and moves this
Honorable Court that the bail of One
Thousand Dollars fixed in his case, be
reduced, on the ground that said bail
under the circumstances of this case is
excessive and unwarranted.
This motion is based upon the affida-
Wit of vi Marn Young hereto attached
and made a part hereof and to which
reference is hereby made.
MAGOON & LIGHTFOOT.
Dated Honolulu, July 2Sth, 1906.
NOTICE TO ATTORNEY GENERAL.
tory of Hawaii.
Please take notice that the foregoing
motion will be presented to the Honor
able w. j. Robinson, Third Judge of
the Circuit Court of the First Judicial
Circuit, Territory of Hawaii at his
chamber in the judiciary Building, Ho-
nolulu, on Monday, the 30th day of
July, 1906, at the hour of $3.50 in the
forenoon of said day or as soon there
after as counsel can be heard.
MAGOON & LIGHTFOOT,
Attorneys for defendant.
Dated Honolulu, July 2Sth 1906.
AFFIDAVIT OF VI MARN YOUNG.
In the Circuit Court of the First Judi
cial Circuit. Territory of Hawaii.
Territory of Hawaii VS.. vi Marn
Young.-Indictmen for Assault and
Battery with a weapon obviously
and imminently dangerous to life.
City of Honolulu, County of Oahu,
Territory of Hawaii.--ss.
Now comes vi Marn Young and being
first duly sworn on oath deposes and
says that he is the defendant above
named and is at present detained In the
Oahu prison awaiting trial on an in
dictment found against him on the
9th day Of May, 1906, charging him with
assault and battery with a weapon OBJ
viously and imminently dangerous to
life.
And affiant says that on the 18th day
of March, 1906, between four and five
o'clock in the afternoon of said day.
he was met on King street, Honolulu,
by one Choy Tong Soon, whom affiant
believes to be a spy in the employ of
the Police Department. Said Choy
Tong Soon invited affiant to walk with
him, to which affiant consented when
said Choy Tong Soon conducted affiant
to police officer and said to him,
This is the man." Whereup0n said
police officer sent for the Patrol wagon
and affiant was sent to the Police Sta
tion. arriving at the Police Station at
about five o'clock p. m.
On arrival at the Police Station no
charge was made against affiant and
he inquired from the receiving clerk
upon what charge he was arrested. and
was told that said receiving clerk did
not know for what affiant was arrested.
Affiant was searched and about $2.70 In
coin taken from him: and affiant was
asked where his pistol was. to which
he replied that he had no pistol. A
policeman, whose name Is to affiant un-
known. then conveyed the information
10 affiant that he was accused OF shoot
ing somebody. Affiant denied that he
had shot anybody.
POUNDED AND CURSED BY VIDA.
Affiant was then placed In a cell and
kept In confinement until about eight
o'clock In the evening, when he was
taken 10 the once OF the Deputy sher-
IN, Vida, IN said Police station build
ing, There were present when afiant
fret entered said ofiice, beside said
vida, the said choy Tong Soon ana a
Cinnamon whose name 10 unknown 10
affiant.
Said choy Tong Soon and said China
man left said ONCE very shortly after
aflianl was taken there, when VIDA, hayr
lng hrsi locked lhe door, accused
afiiani ~ having shot somebody win
q revolver on the lglh day VI March
Aninnt denied that he Was guilty. ~
fblH fItinr and frurltadIv atafad tD