The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-04-26
.EMULATES
SOLOMON
Judge Robinson's Plan
to Settle Custody
OF Child.

| Judge Robinson yesterday effected a
| SoIomon-like settlement of a dispute
over the custody of a child, though he
| did not frighten anybody by calling for
| a sword to make a corporal partition
| of the subject. Although there may
come a hitch in the settlement, so far
no doubt At all events. the contend
ing parties were prompt in its accept
ance.
It was in the habeas corpus case of
Joe Enos against John Kaimi and Ma
poe, for the custody of a bright little
boy named Leon Sterling. Enos is the
adaptive father of the child. Kaimi,
a venera le-looking native, was the
husband of the child's mother, who be-
fore the child's birth, obtained a di-
vorce from his wife. Napoe is a broth
er of Mrs. Enos, wife of petitioner.
Leon recently ran away from his
adaptive parents and took refuge with
Kaimi. According to the answer of
respondents and to evidence on their
yesterday morning, the child's flight
was due to gross ill-treatment in the
home of Enos. There was testimony
of cruel welts upon Icons body from
heavy blacksnake whip, as punish
ment for failure to perform all of many
hard tasks of work given to the child.
and Napoe swore that Mrs. Enos told
him that the sores were due to an
incurable disease. There was much
evidence, however, to show that the
nature and variety of the boys tasks
were quite accountable for the LESSONS
upon the tender little hands. One OF
the things he had to do was to pound
ava for the drinking of Enos and his
guests Napoe said he drank ava with
Enos and saw the boy pounding the
root in preparation of the beverage. 1t
was then that he noticed the condi-
ton of Icons hands.
Then there was evidence that the
boy was poorly fed. For breakfast he
had a cup of coffee and few
thin pieces of bread. Half a small
bowl of poi would be his next meal. |
His dinner CONTESTED mainly of four
bits of tripe each about an inch square.
When the hearing was resumed at 2 |
p. m. and Mrs. Napoe had been sworn, !
Judge Robinson interposed with his :
plan of settlement. He said that the |
relations between the contending par
ties were so strained that there was no |
likelihood that any order awarding the |
custody of the child either to Enos Or |
to kaiEai would set the dispute finally |
at rest. In all proba bility there would |
be petitions in galore from the disap- |
pointed side, alleging all sorts of i'm |
proper treatment of the child.
Under this condition of things, even |
without taking into account the evil
1ence already heard, the court could |
not restore the boy to the custody Of
mis- adaptive father. There would al
ways be trouble and the little fellow
would have no chance to be brought up
% American citizenship.
What the court proposed was that
Leon should be placed In Kamehame-
IA School for Boys, where he could be
from the proceeds of his
interest in the Sterling estate until he
cached his majority. The court un-
ierstood on information that the fees
or maintenance and tuition at ST.
Louis College, where the boy had been
sent pending the habeas corpus pro-
,eedings. We're too high to be met by
lis small patrimony.
G. F. Peterson, counsel for Enos, at
,nce agreed to the courts proposal
md on behalf of his client offered to
the financial part of it.
c. H. Dickey, counsel for respond
,nts, consulted with Kaimi in Hawai-
an. The old man stuck a little over
he question of the boys custody in
but Judge Robinson stipu-
ated, on being told it was feasible,
hat the boy should have his home
absolutely at the school. BY mods and
whispers Napoe urged kaimf to ac-
.epI the proposition. Kaimi did SO.
AS it was not certain, until the Ka-
authorities We're consulted,
hat the boy could secure admission to
he school, Judge Robinson formally
ontinued the hearing until Saturday
morning AT that time, If there be
.nything to block the arrangement,
he court will set a. time for hearing
he habeas corpus case to finish. 1t
an not be heard on Saturday because
many other matters are set for that
lay. All like Judge Robinson, who de-
ire to see a little human waif given
. chance to grow up to responsibility
nd usefulness, will hope that the case
nay never have to be further heard.