The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-09-30

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this citation be dismissed against him
LORRIN ANDREWS.
Mr. Andrews handed in copy OF
his answer.
! His Honor: This must be sworn to.
/ Mr. Andrews: If the court pleases.
the citation was not sworn to, and the
answer need not be.
His Honor: But the citation eman-
ated from the court itself. Answers
i in all proceedings must be sworn 10.
His Honor took the clerks opinion
on the matter.
Mr.. Andrews: The citation was not
sworn to, and this is merely an an
1swer. I can quote any number of au-
liberties.
Mr.. Andrews handed up a leading
case on the point. and His Honor in
structed the clerk to let the record
show that Mr.. Andrews declined to
swear to his answer. He would look
| the matter up and go into authorities
further. The clerk was to show on
the record Mr.. Andrews position in
the matter, and he would investigate
1 the charge a little further. Mr.. Musso
was then invited to take the stand and
give his statement.
Mr.. Andrews suggested that Mr..
Musso should be heard at the hearing
, of the case, when Mr.. Andrews wit
nesses were present.
His Honor said Mr.. Musso was mere
~ going to make a statement on his
position in the matter.
Mr.. Musso then took the stand and
was sworn. From his diary he detailed
! the proceedings adopted by him from
L. A. -
half of Price, the proceedings of the
court and conversations with the Of
ficials. By far the most important part
of his statement, was the reading OF
the following affidavit, which he swore
to before Mr.. Dorsey, the Deputy Con-
sui General on the 18th January, the
day Mr.. Andrews left for Washington
to present the appeal. In reply to the
judge he said he gave the original to
Mr.. Andrews just before two o'clock
on that day.
The affidavit is as follows:
G. D. Musso, being duly sworn, de-
poses and says:
That he is an attorney and barrister
at law practising under certificate of
the italian Courts and admitted to all
courts in the International Settlement
of Shanghai, China.
That he was the attorney for the
defendant in the case of the United
States of America v. S, r. Price, de-
PENDANT being charged with assault,
and copy of the information upon
which said charge was based being
attached hereto and being made part
hereof.
That on the 5th day of January. 1908.
he filed plea in bar, copy of which
is hereto attached and made part
hereof, said plea consisting of a claim
of autrefois acGuit.
That on the Sth day Of January, 1907,
said plea was set down for argument.
That no traverse OF said plea was
filed, and depenent moved that said
plea be sustained. but his motion was
overruled and exception duly taken.
That after hearing all argument on
said, plea said plea was overruled by
the court.
That thereafter on the 18th day of
January. 1907, said case was tried be-
fore Honorable l.. r.. Wiley, Judge
of the United states Court for China.
That at the conclusion of said case
said court reserved decision until the
following day.
That on the 10th day of January,
1907, said court gave decision finding
defendant guilty as charged in the
complaint, which decision was except
ed to by defendant on the ground that
it was contrary to law, against the
evidence and against the weight of
evidence.
That defendant was then released
upon a bond in the sum of four thou
sand dollars lawful money of the Uni
ted States until January 18th. 1907,
when the court announced it would
pass sentence upon him.
That upon the 18th day of January,
1907 the defendant appeared in said
court and the said court thereupon
passed sentence upon said defendant
him in the jail for a pc
Rod of six months, to which sentence |
the said defendant at the time duly
and excessive.
And thereupon the said defendant |
gave notice of appeal from said final I
order and sentence of the |
said court Of the Circuit Court of APP |
peals of the United States in and for
the Ninth Circuit.
AnQ InereupOn the .SdlQ QSiellQdllt /
did make application to be released
upon good and sufficient bail in any |
sum that the said court might fix and I
which the defendant then and there I
offered to give and make to the entire I
of the said court, and |
which said application for bail was re-
fused and denied, to all of which the |
defendant then and there excepted.
That the reason why certified copies
Of the records are not attached to this
affidavit is that the said court and the
clerk thereof upon application by the 1
defendant for a full, complete and cor
rect certified copy of the proceedings
in said court, did not grant to said
defendant such due and proper certified
copies on the ground that they were
lot completed but deponent attaches to
his affidavit a full. true, and complete
copy of al of the proceedings and tes-
.imony in said case.
(Signed) G. D. MUSSO.
Subscribed and sworn to before me
his 18th day of January, 1907.
w. RODERICK DORSEY,
Deputy Consul General.
His Honor: This was drawn I'D by |