The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-12-21

MAIL MATTER
The Trial of Goo Wan Hoy for
Misuse of the Mails in
Progress.

Goo Wan Hoy came to trial in the
United states District Court yester-
day morning for misuse of the mails.
Assistant District Attorney William
T. Raw1ins, single-handed for the
United States. had arrayed against
him for the defense A. S. Humphreys,
A. G. NJ Robertson and ]. Lightfoot.
the first two being former judges of
the Circuit Court.
Defendant is a well educated Chi
nese of considerable business promi-
nence AT the time of the offense with
which he is charged he was a clerk
in the Office of Judge Humphreys.
Mrs George d. Gear, the chief witt
ness for the prosecution, who came
from Goldfield, Nevada, to give her
evidence, identified an envelope and
certain enclosures as a letter she had
received through Honolulu postoffice
in March last.
Objection was made to the introduce
ton of the letter, on the ground that
there was nothing unavailable in the
words. If defendant was to be tried
Tor the ShOMtl Oi1 lI4S paper
he should have been indicted therefor,
either exclusively or in separate
count from that designating the letter
as the Objectionable matter.
While the jury was excused the point
was argued and at recess both sides
presented authorities to Judge Dole.
At 2 o'clock the court gave a ruling.
1t was found that the paper contained
first some writing, then pictures and
finally more writing. After stating
that the writing was innocent, the
court said a clear definition of OBJ
scenity was something that would
shock modesty. This letter." Judge
Dole concluded, taking it altogether,
is something to shock the modesty
and chastity of a pure-minded person.
The picture is part of the letter, there
fore l overrule the objection
An exception to the ruling was noted
by the defense. Judge Dole said the
point was so new and interesting that
he would like to have it reviewed by
a court of more general jurisdiction
Mrs. Gear was called and gave par
ticulars of how she received the letter
from the postoffice, including her
opening of it in the office of her late
husband, Judge Gear, and handing it
over to him. She was cross-examined
at length by Mr.. Humphreys.
Postmaster Pratt was called to show
the practise of receiving and deliver
ing letters at the postohice
Roscoe w. Perkins, photographer,
identified enlarged copies he made for
District Attorney Breckons of the let
ter in question and of defendants
handwriting in business documents.
p. H. Burnette was called to iden-
tify defendants handwriting shown in
a judicial document, the defense say
ing it would admit Goo Wan Hoy's
signature as shown without evidence.
Judge Dole admitted this extraneous
evidence subject to a ruling later, as
he could not as yet see what was the
plan of the prosecution.
Mr.. Rawlins stated that the prosecu-
ton depended on circumstantial evil
dence, no one having seen defendant
prepare the objectionable matter. He
was sustained by the court, against
strong objection, in the principle that
proof of ones handwriting could be
offered in the form of collateral evil
dence-the same as in cases of dis
puted wills, deeds, etc.
The jury trying the case consists of
Charles H. Atherton, John Cassidy, w.
J. Dyer, VIM. Chalmers, John Horace
Wyatt. VIM. Lishman, S. A. Walker,
]. H. Schnack, VIM. H. King, VIM. F.
Hebron, Daniel Lowell and f. Fl.
Kilbey.
At D. m. the trial was continued
to 10 a. m. Monday.
- Il
YESTERDAY were excused until Monday.