The Hawaiian gazette., 1912-03-29
4. ". CARTER STILE
On Defendant LIST
Charged With Refusing to Answer
Questions Of Census Man.
Case Continued.
tTrom Thursdays Advertiser

fact that A. W. Carter, manager of the
Parker ranch and at one time Kuhio Is
favorite candidate for the governorship,
is still on the list of defendants. Carter
is charged with refusing to answer
questions put to him by the census man.
In the criminal information on file
against him It is set forth that he de.
elined to answer questions as to his
tenure and home. The census has long
been complete without Carters an.
answers, but the prosecution still hangs
0vor him. The case was continued yes.
terday to the April term.
Appeal Prom Fine.
Appeal from q two dollar fine in the
police court was successful yesterday
in tho case Of Chin Chu, charged with
violating the Sabbath laws. Deputy
County Attorney Brown declined to
press the case, which involved a charge
Of selling ten gents worth Of crackers
and & can of tomatoes. on o Sunday,
morning, in the face of the fact that
plantations and steamships. constantly
work all. day Sunday.
Chin Chu sold the tomatoes and
crackers to Portuguese woman and was
arrested for violating the Sunday law,
having been previously warned not to
keep his store open. In the police court
tho case was regarded as trivial, and
fine Of only So was imposed. But, con-
trary to expectations, A. s. Humphreys,
counsel for the defendant, appealed the
case, and the prosecution was up against
it.
s'In the face of the fact that many
Of our plantations are working Sun
days;and night and day and that steam.
ers are constantly discharging on Sun.
days, it is not right and fair" said
Brown, "to take up the time of court
and jury with the trial of this case.
A nolle prosequi was entered.
Fine Reduced.
Kun Sun Quai won reduction Of n
fine OF $3.50, imposed by District Magis'
trate Monsarrat, in Judge Robinson 8
court yesterday. He must pay $40. In
appealing for him Attorney 8. F. Chill
iingworth said that he had played Rus
sian war, on the first day of the Chinese
that the police court fine was too big,
but objected to a merely nominal fine.
He thought the case was inst like some
Others in which Monsarrat had made
the fne $25, and didn't see why it
shouldn t be treated the same. Judge
Robinson set the fine the figure sug-
gested.
Chinaman Justified. R
Chin Tai got nolle pros from Brown.
He had been fined $25 for assault.
Brown explained that Chin had in
formed the police of gambling game
behind his store, wanting it broken up.
The natives engaged in the game had
then! entered Chin's store and started
a rough house. Chin proceeded to eject
them, and in the course of the ARRAY
that followed hit q Hawaiian over the
head with a hammer. Perhaps he
went a little further than WAS neces-
sary,n said Brown, shut i consider
that under all the circumstances he was
doing what he had a right to do to de-
fend his rights
Sues Divorced Husband.
Mrs. Annie Smith has brought suit
in the circuit court against William IL.
Smith, her divorced husband, for
$1297.35, alleged to have been advanced
by her to him, most of it in loan of
$1,000, as the complaint states, in De-
eember, 1908 The suit was filed by
r. C. Peters in her behalf. Service of
the summons was followed in very
auiclsstim by the filing of Smiths an
swer by A. s. Humphreys, denying
every allegation in the complaint.
Needn't Obey Decision.
Judge Henry E. Cooper yesterday ex-
pressed his disapproval of the supreme
courts decision with regard to his man.
,ner of excusing jurors. In the Chung
Nung case, reported yesterday, the
higher court took the view that Cooper
had failed to follow the law. Cooper
declares that to follow the letter of the
law, would involve needless expense to
the Territory. he thinks the jury law
Is poor one anyhow, and says he
would rather resign than follow it to
the letter. The supreme court decision
sustained the validity of the grand jury
in connection with which Cooper made
the. alleged error, holding that the mis-.
take was not sufficiently important to
iinvaldate q conviction, 30 Cooper Ia
free to do it again if he wants to ignore
the, decision of the higher court,
4f go Court Notes.
In the federal court yesterday the
case of the United States against the
Pepeekeo Sugar Company ended with
decision in favor of the government,
by default. It was suit to condemn
title to a site for lighthouse, and
there was no intention to contest.
The federal grand jury is to meet
this morning at nine o clock. An al.
legged violation of the Edmunds act at
the leper receiving station viii be taken
up.
- Judge Cooper yesterday heard argu!
ment ON demurrer in the case of Jos
Paiko ct al against Bishop Libert, an
action to auiet title. A demurrer to
the complaint was sustained.
e. o. Hall & Son have brought suit
against Lui Keawe and Kamiola Hall