The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1910-10-06
WHAT TO Do
WITH MINOR
WHO IS A FELON
(contlnued from Page one.)

/ registered. Mrs. Martin could neith
or read nor write, nor could her hus-
band. She had five children and re.
membered the birthdays of each. Fer
raje, senior gave the date of Joe's
birth but could not remember the eN.
act dates of the other children. lie
knew there was a year between each.
Mrs. Martin did not know how long
Joe had been married, but she Thought
he was only sixteen when he married.
As to the records available in Homo
lulu, Attorney Brown said all they had
were the records at the Catholic
Church that Ferraje was q when he
married, and these records had their
origin in the defendant
Judge Andrade-"This young fellow
has been passing himself off at all sorts
of ages He has been here and has
given his age as something over seven
teen more than once. Why he lied
about it | don't know But there is
nothing to prevent us going ahead with
the committal cases. will take the
other matter under advisement."
Attorney Brown asked for a con-
tinuance, as the witnesses for the pro-
secution were not present, adding that
as far as the felony cases were con-
cerned there was no question as to
jurisdiction. A boy charged with
murder could not be sent 10 the iuve-
nile court.
Attorney Chil1ingworth raised the
point that though evidence in the fell
ony cases might be taken there was one
section which was mandatory and alb
solute which stated that a child under
is was not to be placed in prison or
jail where adults were kept in confne-
ment
Judge Andrade quoted sections five
and seven, the former providing for
the transfer of cases to the Juvenile
court when practicable, and the latter
referring to children under the age of
fourteen.
Attorney Brown-'I would like to
ask Mr.. Chillingworth, as one of the
makers of that law, what he would
do in the case of a boy charged with
murder?"
Attorney Chillingworth repudiated
the suggestion that he was one of the
makers of the law, for not only did
he vote against it in the Senate but he
also raised the question at the time
of boy being arrested at one of the
other islands and being sent to Homo
lulu to be simply reprimanded
Judge Andrade-"Yes, but that has
to be done under this Act"
Attorney Chilingworth-"That is
one of the reasons for the amend
ment, when practicable
Judge Andrade-"Do you say that
in some instances the District Magis-
trate could try the case and in others
not"
Attorney Chillingworth: yes, if he
sent the defendant to a reform
school,"
Judge Andrade-"We will go on
with this case then"
Attorney Chillingworth-"An send
him to a reform school? Your honor
could try him under that law but
could not send him to prison"
f,,,tbop Iir,,,r,;o,,
Chillingworth suggested it might be
advisable to bring a test case by ap-
plying for a writ of heabus corpus on
the larceny charge.
Attorney Brown-''You will not get
him out of custody. He will still be
held on the felony charges. The
prosecution might drop the larceny
charge and proceed on the Others"
Judge Andrade-"There is room for
considerable argument on this law.
Judge Whitney invariably sends back
juveniles who are II or near IS and
who have record behind them"
Attorney Brown-"It would be a
good idea for the court to send this
boy to Judge Whitney to see what he
does He win probably send him
back"
Judge Andrade-T will decide the
point tomorrow morning"
The felony charges were continued
until October 18th.