The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1912-06-28
CASE AGAINST CHIN
FAN UP IN COURT
Witnesses Tell Story Of Alleged
CrIme-Blgamy Trial Opens
Marshal Busy.
(FrOm Thursday,s Advertiser.l

jury having been secured Tuesday
to try the case of the Territory against
Chin Fan, charged with criminal as.
sault upon girl Tess than twelve years
of age, the prosecution began to put
on its case yesterday morning.
Attorney Rawlins asked that all wit.
nesses, including Detective Harry Lake,
be excluded from the court room. In
order that the claim might not be made
that Mr.. Lake would not be n witness,
Mr.. Rawlins subpoenaed the detective
as witness for the defense. Assistant
City and County Attorney Brown, who
is prosecuting the case, strenuously oh.
jected TO the exclusion of Mr.. Lake,
but to no avail and the detective was
required to absent himself from the
court room until called as a witness.
| There are two other indictments
pending against the Chinaman for sim.
liar offenses, and the two little girls
who are the complaining witnesses in
these eases were called to the stand
as witnesses for the prosecution in the
pending case. Their testimony appear.
ed damaging to the defendant. Lake
was also called and testified as to the
location of the premises where the as
sault is alleged to have occurred and
was then excused.
The chief complaining witness IN the
case on trial was called for the prose
cution and on direct examination testi-
fled as expected, but under Mr.. Raw
lin s cross-eXamination she weakened
and modified her statements. Accord
| ing to her testimony on cross eXamina-
ton City and County Attorney Cath
cart told her that he would put her
and her sister in Jail if she spoke to
Mr.. Rawlins, the defendants counsel;
and she also materially modified her
testimony on direct.
A Chinese police officer was called
to testify regarding an examination in
the Jail in presence of Harry Lake,
Doctor Sinclair and another policeman.
This witness was on the stand when
court adjourned until this morning.
From remarks made by Mr.. Rawlins
in the course of an objection it appears
that he believes the Chinaman con-
stitutional privileges were violated by
representatives of Mr. Cathcart's of.
fee, and the indications are that he will
put up a hard fight in the case, ms he
appears to be very bitter relative to
alleged questionable methods employed
to obtain evidence.
Wants Freedom
A libel for divorce was filed yester-
day in the circuit court by Han OlSuda
against Kamahachi Olsuda. The libel.
, ant alleges that they were married in
Japan in 1905 and that she has lived
, here since 1906, but has not lived with
| the libelee in the Territory. Non sup
! port is alleged.
!, Bigamy Case Up.
I "A bench warrant was Yesterday is
i sued in the federal court for the ap.
prehension of Lum Yam, convicted of
bigamy, October "a, 1910, and sen.
> fenced on the 4th of November, 1910
to- imprisonment for two years and to
> | pay n fine of ten dollars and costs
Z amounting to $2S5.05.
He appealed to the circuit court OF
appeals for the ninth circuit and pend
ing the appeal was released on bail
y Last Monday his appeal was dismissed
f and Judgment was directed to be car
I ried out. When Marshal Hendry went
; to serve the warrant he discovered
A that he did not want him as a prisoner
a for the Chinaman is now in Kalihi hos
q pital suffering from Chinese leprosy. A
o certificate from K. b. Porter of thu
a board of health to this effect is at
i. tached to the return, as also lettei
e from Mr.. Porter saying that if the maj
yields to treatment and RECEIVERS h
n will be turned over to the federal au
q thorities. Meanwhile, Marshal Hen
- dry recommends on his return to tn,
n warrant, that as there is no place TO
n lepers in Oahu prison the Chinaman b.
a kept at Kalihi or sent to Molokai, un
"a less cured.
q Hear Tax Gases.
II The tax appeal court for Oahu me
" yesterday afternoon at two clock an,
3 heard one of the appeals of F.. NJ
IS Swanzy. This involves land occupies
l. by the Kualoa ranch. Mr.. SWAMI,
# contends that as it is used as ranch
is its valuation should be on the basis o
II it's present use. The tax assessor base
IT his valuation on what the land is wort
Is il used for the purposes which woul
s. give the best returns and for which /
# is best adapted. He says that nue.
of the land is fine pineapple land, an,
10 on other portions watermelons, swee
/ potatoes and other vegetables coul,
be grown. Mr.. Swanzy stated that i
l. had never been proved to be adapte,
d for raising such crops and that tn
e only way to determine whether it wa
n adapted for them would be an actua
% demonstration; meanwhile, he desire
L to use the land for ranch purposes. HI
It admitted that proposals had been mad
n to him to lease the land for raisin,
o pineapples, but that he had decline,
e to do SO. one reason being that thu
Is Japanese would then get in there anc
d overflow the country. He stated tina
d he had bought one of the parcels o.
II land from Mrs. Holt for no other rea
y son than to prevent its getting into thu
+ hands of Japanese, and that he ha,
h paid more for it than it was worth.
that "the common stock of this com
II pany has come to be favorite specula