The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1910-05-25
REMARKABLE CASE
(Continued from Page oneJ

ton of the District Attorney, the bond .
was declarfed forfeited and $1,000 was
paio into court by the sureties, and
they were discharged from further liza
bility On April %, 1910, defendant
filed a motion to vacate and set aside
the order and to remit the whole Of
the penalty upon the ground that the
defendant did not at any time have
any intention of FORGETTING the bono, |
but was prevented from being at Ho-
nolulu by circumstances beyond his
control" The motion was supported
by affidavits of the defendant and his
former counsel, Humphreys. who APP
peared for him in the proceedings be-
fore the commissioner. The affidavit
alleges that iSr about twenty years
he has been a seafaring man employ
ed on various American vessels ply
ing between different American ports;
that for about six years he has been
employed as a steward on the S. 5.
Texan, plying between Honolulu ana
New York City, his wages being $40
per month"; that he is a married man,
his wife living in Honolulu and being
supported solely from defendants
wages as such steward. The affidavit
states that in such proceedings the
defendant was represented by A. S.
Humphreys, and that at the time CT
l,fa q
about to leave the port of Honolulu on
a voyage to New York; that the mas
ter of the Texan requested the de-
PENDANT to accompany him as steward,
assuring defendant that he would be
able to return to Honolulu by the
first day of February, 1910; that upon
her arrival at New York, the Texan
was placed in the dry dock at Brook
Ign for repairs; that the first steam
er belonging to the American Hawai-
, ian steamship line that defenda It
could take was the steamship 18TH
milan; that at the request of defend
ant the master of the Isthmian wrote
letter from Baltimore to A. S. Hum.
phreys to ascertain if the deportation
proceedings against the defendant
could be put off until his return to
Honolulu; that the Isthmian arrived
at San Diego January 10, that upon
the arrival there the Defendant re-
quested the master to communicate
with Humphreys to ascertain whether
or not defendant would be required to
be present in Honolulu on February
l, 1910; that in response to the let
ters sent by the master of the steamer
as aforesaid, Humphreys wrote a let
ter to the captain, which was received
by him at Seattle, Washington, in
which Humphreys stated that the case
against the defendant could easily be
put off until defendants arrival at
Honolulu.
The affidavit of Humphreys shows
that the steamer schedule upset plans
of defense.
Judge Robertson says:
From the showing made in sup
port of the motion, l conclude that
there was no intention on the part OF
the defendant to deliberately evaoe
the condition of the recognizance. The
combination of circumstances shown
by the affidavits fully and sufficiently
accounts for the nom appearance of
the defendant On the first coy of Fee
bruaTy.
1T is also to be noted that the Dis
trict Attorney knew that the defend
ant proposed to make the voyage to
New York and was aware Of the at
tending uncertainty as to the date up
on which the defendant would be able
to return to Honolulu. In my judg-
ment, he might well have consented
to a continuance of the matter upon
being shown the letters received from
. the captain of the steamer by Mr.
Humphreys, as these showed that the
defendant was on his way back from
New York.
Il am of the opinion that the de-
fen0ant would be entitled to relief If
the rules of law applicable to such
a case as this permitted it. Bail bonds
are taken to insure the presence OF
defendants in court to abide the judg-
ment and not for the purpose of en-
riching the government. And while
forfeitures are properly declared and
insist ed on whenavar fhara ic mani
tested a deliberate intent to evade
trial or careless Indifference to the
obligation of the bond, the penalty
may very well be RENTED where there
- has been a lack of any such elements
and the failure to appear has occurred
through innocent misunderstanding OF
by reason OF uncomfortable circum-
stances.