The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1912-06-04
JUSTICE FINES
POLICE OFFICER
NoBsIeA SENTENCED FOR PRE-
VENTING Row-Fou1JD GUILTY
OF ASSEMBLING cH1NAMAN.
From saturdays Advertiser )

A decision rendered by Judge Mon
sarrat in the police. court yesterday in
which fine of twenty dollars is i'm
posed upon Police Officer j. Nobriga
for an alleged assault upon a Chinaman
while on special mission to the mans
house, has aroused the police force in
all its branches to expressions of in
dignation and dissatisfaction, and has
elected comments from number of
others interested in the case. The pen
atty which Nobriga has been ordered
to pay was compared in all quarters
last night with the fines imposed upon
those who have assaulted police off
GERS, much more serious offonse I'M
der the statutes, and these comparisons
are enlightening, if not favorable to
Judge Monsarrat.
Bicycle Officer j Nobriga. who be-
came involved in the domestic difficult
ties of Chinese family in Pauoa Val
ley May 10, was found guilty of assault
in Judge Monsarrat's police court and
was fined twenty dollars and costs. The
maximum sentence under the statute
would have been one hundred dollars
fine and six months Imprisonment.
Officer Nobriga was attacked by a
gang of rufians in Kakaako a little
less than two months ago, beaten,
knocked down and robbed of his badge.
The police badge was found the follow
ing day in the possession of William
Mahalu, one of the assaiants, and this
man, who also appeared before Judge
Monsarrat on the serious charge of as
saulting a public officer, was fined if
teen dollars and costs. A similar case,
| in which three Japanese and one China
man were found guilty of assaulting
Officer George Holt on the sidewalk in
| front of the fishmarket came up before
Judge Monsarrat yesterday morning on
the same calendar with Nobriga g case
There was no doubt that blows had
been struck and that vigorous attack
had been made upon the officer by the
four men. In his decision Judge Mon
sarrat suspended Judgment for thir
teen months and the men go free with
out fine, on condition of their good be
havior during the set period. The
maximum penalty in these cases is one
thousand dollars fine or one year i'm
prisOnment at hard labor
Nobriga was fined twenty dollars foI
an offense for which the extreme pen
atty is comparatively light; his assail
ant was fined five dollars less for an of
Tense for which the fine is ten times as
great, and Holt assailants, who ap
peared upon the same charge, are tolC
to be good and are sent home.
Alleged ofense.
The story of Nobriga's alleged of
Tense was told in court yesterday morn
ing 10y, the plaintiff, All Loon, and sew
eral witnesses who supported his &C
count in detail and also by Officer No
briga, and his single witness, who cor
lroborated his version of the story. TIL
bicycle officer was sent to Pauoa b,
Deputy Sheriff Rose as protector 70
Mrs. Mary Lee Loon, divorced wife o
| All Loon, who wanted to recove
clothes which she said she had left il
the Chinaman IS house. When they ar
rived at the cottage All Loon was no
at home but there were several person
about the premises and Mrs. Loon wen
in, found key and commenced searcl
for her belongings, while Nobriga wait
ing, All Loon returned and an argumen
ensued. UP to this point all the ste
ries agree.
Conflicting Stories.
All Loon and his witnesses declar
that when the argument about tn
clothes became general he offered to g
with Nobriga to the police station t
discuss the matter there, that Mobrig
seized him by the shirt, struck him o
the chest, led him down the steps an
when he turned to talk to All Sing, on
of the witnesses, pummeled him som
more. All of this Nobriga denies. II
claims that when the Chinaman agree
to 90 with him TO the police static
they started away from the house an
that when All Loon turned he seize
him by the shoulder, this cOnstitutin
the grave assault. In this story he /
supported by Mrs. Mary Loon, who q,
elares that she was present throughou
the affair and saw nothing which coul
be termed an assault. A wise Chini
man, who drove the hack in which tn
officer and the woman went to til
house. testified that he sat in his hac
ten feet from the door of the hons
but saw absolutely nothing.
In the trial of the case All Loon wa
represented by W. o. Smith, and it wa
generally believed that the Chinama
was an employe of Judge Dole becSns
the federal Judge had secured counc
for him. This belief was entertaine
by Judge Monsarrat, during the tria
and when he was informed yesterda
afternoon that All Loon was only
friend of an employe of the Judges an
that Judge Dole had no direct person;
interest in the case he EXPRESSED grea
surprise. Said Judge Dole:
~ know All Loon but / had no pc
sonal interest in his case aside frol
the fact that he came to me with tn
man whom | employ and ] sent thei
20 w. o. Smith. Concerning Nobriga
case, the police OF course are not aboy
the law, but believe that they shout
be supported and protected In the di
charge of their duty and considerin
the nature of the offenses there certain
~ seems to be a discrepancy betwee
the fines imposed upon the officer an
that imposed upon his assajlant in III
previous ease, d"
ofIieer Nobrga has filed an appeal /
the circuit eOnrt and declares that h
will fight the ease with counsel