The Hawaiian gazette., 1908-10-02
JUDGES AND JURY
ON EDMUNDS ACT

An Edmunds Act trial that has lasted
for four days before Judge Dole and
a jury was brought to an end with q
verdict of not guilty at clock yes.
terday afternoon. The defendants are
HUI Yin and Leu Kun, the latter a
rather pretty young hapa-pake woman
dressed in Chinese clothes. The case
has been rather interesting throughout.
Originally the defendants pleaded gull
ty, but when Judge Dole began to ques-
| ton them with a view to determine
what sentence to impose, the woman
made some statements which made the
Judge question whether they were after
all guilty. At his suggestion their at.
torney, E. A. Douthitt, enquired more
fully into the matter, and the plea of
guilty was withdrawn and plea of
not guilty entered. A large number of
witness have been examined and good
deal of testimony of doubtful value on
both sides was adduced. The theory
of the defense was that the woman was
employed by the man who had rented
house on Beretania avenue near the
pumping works, because the Board of
Health were so everlastingly fumigat-
| ing Chinatown that it was ineonvenient
to live there. The couple were arrested
at this house early in the evening, and
were released on bail. The next morn
ing about o clock the house was raid
ed by the police and the man and wo.
man were both found there. The evil
dence was mainly circumstantial, and
under the instructions of Judge Dole
regarding the sufficiency of the circum-
stantial evidence, the jury found
willingly it is understood-a verdict of
not guilty, being out only about five
minutes.
The United States was represented
by Deputy United States Attorney W.
t. Rawlins and Judge Quarles. The de.
tense was by E. A. Douthitt.
Today another Edmunds Act case will
be on trial This time the defendants
are japanese, Tomita and Yuki Koga
both from Waialua. They will be de-
Tended by 7. NJ. Harrison. w. T. Raw
Inns will prosecute.
Before the Territorial Supreme Court
today the interesting question of wheth
er the Edmunds Act is in force in this
Territory or not is to be argued The
case is that of the Territory VS.. Blancf
Martin. Blanch is appealing from 8
conviction in the police court under the
Territorial statute against adultery
Her attorney, A. S. Humphreys, main
tains that the Edmunds Act is exclu
sive in its operation in this Territory
that Congress having legislated on thi
subject it has legislated exclusively
and that therefore the Territorial Ac
is of no force and a conviction unde
it nullity. Deputy County Attorne.
Milverton representing the County AT
torney appears in this case to main
tain that both the Edmunds Act an
the Territorial Act are in force, an
that guilty person can be convicte'
under either, the court first gaining
jurisdiction holding it against al
others. At the same time the Attorne,
Generals department will appear il
the case to maintain that the Edmund
Act is not in force in this Territory
that it was enacted with special refer
ence to Utah and was never INTENDED
to apply elsewhere, at least not here.
Whatever the opinion of the Supreme
Court may be as to whether the Ed
munds Act is in force in this Territory
apparently juries in the United State
court do not believe it is, as there ha
not been a conviction under it for 1
long time.
The Divorce Grist.
An appeal has been taken by the
libelant in the divorce proceeding OF
Rosa Couta Martello against Antoine
Marines Martello, from the decree dis
missing the suit entered by Judge Lind
say. Lindsay refused jurisdiction be.
cause it appeared from the libel that
the parties last lived together as hus
band and wife in another circuit, Ha'
wall.
In addition to this appeal the divorce
grist yesterday consisted of decree
divorcing Julia Helenihi from james
Helenihi for non-support. The libel
alleged that James was employed by
the Oahu Railway and Land Company
and earned at least $50 month but