The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-01-26
CAPTAIN FINED 81,
WITHOUT COSTS
Wirschuleit Brought From San
Francisco to Pay Minimum
Penalty.

Court, was the sentence imposed upon
Captain E. Wirschuleit, the defaulting
witness in the Wynne murder trial, by
Judge Dole yesterday afternoon. Wirs-
chuleit 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 $4,000 under which he came to Ho-
nolulu.
Judge Stanley represented Wirschu-
lett in court, making an able plea that
the seafarlng gentleman be adjudged
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 Just as
well to remain there, as the date on
which he was due to appear as a 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 q. 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 a 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,
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 a 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 $15 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 Breekons
| 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 tho uiloo;op 4oJo,-
Extension of Time.
| In the case of J. w. Cathcart against
| the Hawaiian Gazette Company. Ltd,
and Walter G. Smith, it was stipulated
! yesterday that the defendants should
have up to and including January 30,
1909, to file and serve HETEROGENEOUS,
and that the plaintiff should have until
| February 10, 1909, to serve and file
| ossinterrogatories An order ex-
parte to this effect was issued by Judge
DE Bolt yesterday.
| On the Secret File.
Four indictments brought in by the
| Federal grand jury yesterday were
placed on the secret file. These We're
not in connection with the investiga-
ton of the highwage agitators.
japanese Woman Sentenced.
Yoshi Kuwano, japanese woman
entered a plea of guilty on the charge
of importing, harboring and assisting
immoral women. Judge Dole SEN
fenced her to Imprisonment for three
years, and to pay fine of SO. The
woman carried a small baby in her
| arms at the time she was sentenced
1t is understood that Kuwano, heI
husband, will enter plea of not guilty
to the same charge.
Supreme Court Calendar Clean
There are only two cases on the Su
preme Court calendar for this term
Both of these have been argued, and
one was submitted to the court yester
day. There are five cases on the cal
endar for the February session. AS 8
result of the manner in which the Su
: preme Court keeps the calendar clean
ed up, people are not so much inclined
? to carry their eases to this court il
order to gain time. Chief Justice
Hartwell stated yesterday that he had
found this to be the rule.
Husband May Pay Alimony.
i In an opinion written by Justice Bal
q lou, the Supreme Court Yesterday de