The Hawaiian gazette., 1909-01-26
CAPTAIN FINED 81,
WITHOUT costs

To pay a fine of 81, without costs of
Court, was the sentence imposed upon
Captain Z. Wirschuleit, the defaulting
witness in the Wynne murder trial, by
Judge Dole yesterday afternoon. Wirs-
ehuleit Travelled three thousand miles,
per order of the law, to pay one dollar
to the United States because he failed
to take cognizance of a former order
issued out of the local court. Immedi-
ately sentence vase passed by the
Judge, the fine was paid to Clerk Deas,
and the captain relieved of the bond
of $1,000 under which he came to Ho-
nolulu.
Judge Stanley represented Wirschu-
, lett in court, making an able plea that
the seafarlng gentleman be adiudged
not guilty of contempt of court and
that he be allowed to go free. He
showed that, if at all, the contempt was
merely technical, as Wirschuleit was
ready and willing to testify in the
case in question, but, through a change
in the sailing orders of his ship, he
was called away from San Francisco
shortly before the time he was to have
| left for Honolulu. Judge Stanley
traced the movements of the ship on
which Wirschuleit was employed, show
ing how at the last moment, the captain
was ordered to Portland, Oregon, when
the previous order had been to sail for
Honolulu. Even then he thought he
would be able to arrive here in time,
but on returning to San Francisco he
was advised that it would be lust as
well to remain there, as the date on
which he was due to appear as wit
ness here had already passed.
This advice was given by an attor-
ney in San Francisco, according to the
statement made in court YESTERDAY.
though Judge Stanley, as well as u. S.
Attorney, Breckons, remarked on its
strangeness. Breckons said that the
United States had shown the greatest
consideration for the owners of the
steamship Rosecrans and their EN-
ployes in setting the Wynne case for
trial several times on date when the
vessel would be in this port, and Tor
that reason he did not feel called upon
to recommend any great leniency to-
ward Wirschuleit. He said, however,
that he believed the statement of the
captain in that his contempt of court
was unintentional, but due more to
carelessness than anything else.
Judge Dole appeared to be, and stat
ed that he was, in somewhat of guam
dairy as to just what would be the
proper penalty to name in the case. He
finally stated that, owing to the great
punishment Wirschuleit had already
suffered, in loss of time and expense
| of coming here he would sentence him
to pay fine of 81 without costs.
To this Mr. Breckons entered an OBJ
| lection. He said that the fine should
| be at least $40 or SIS to cover some
of the expenses of the United States
| He did not feel that it was exactly
right to let Wirschuleit off quite so
easily. The Judge, however, had pass
| ed sentence and, although Breckons
reminded him that he had changed his
| sentence on former OCCASIONS he re-
fused to alter it.
During the statement of the case to
Judge Dole, Breckons raised the point
as to whether the action in this case
was civil or criminal. The question
was in point only as a matter of inter
est, as the President and Attorney
General of the United States are at
present trying to find out whether ac-
ton in contempt of court in the
Gompers and Mitchell cases are civil
or criminal. Breckons gave his opin
ion that contempt of court was a Grim
inal action, though the Attorney Gen
: eral disagrees with him.
{ Captain Wirschuleit leaves for The
mainland on the Hilonian today.