Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1915-10-19
Twenty YEAROLD.
BOND. FORM LOSES.
MONEY FOR CITY.
Six Score Chinese Gamblers
Escape Fines BY Paying
Costs of Appeal

The escape from the clutches Of the
law without payment of fines assess
ed against them which total 1851, oil
122 Chinese convicted of gambling
has brought to the attention Of the
city and county attorneys office a de
feet IN the form Of bond on appeal
which has been used here for more
than 20 years. During that time no
one has escaped paying a fine until
the Chinese found a loop-hole through
which they got their freedom and left
debit on the books of the clerk Of
the police court.
Judges who sat in the police court
in years past have all approved bonds
in the form that was used in the Chi
nese cases, and no one seems to have
found that the bond on appeal cover
ed only costs in the appeal case and
did not guarantee payment of any
fines or costs due Ia the lower court
Attorneys for the Chinese gamblers
found this out and after appealing
moved to dismiss the appeal, paid the
costs, and their clients went free
without paying the police court fine.
They could be rearrested IL found, but
it is said to be impossible now to
locate them. w. F. Rawlins, one Of
the attorneys named, however, says It
should be an easy matter for the po-
lice to collect the fines. ..-- .. -
Three patches Of Chinese, arrested
by the detectives for gambling, eseap-
ed the payment Of fines through the
insufficiency of the bond. -
Lee Chuck and a others were fined
$40 and costs each by Judge Monsar.
rat May II, after their arrest in the
store Of Wing Sing Lee on King
street, where they were gambling. w.
T. Rawlins appeared as their attorney
and appealed the case to the circuit
court, giving bond signed by three
Chinese. The bond on appeal covered
only the cost of appeal, and this was
paid when the appeal was withdrawn
on June Is by the attorney for the
Chinese. -.'@r -. .'.-. o
Not Been Located Since. :.<
Ten dollars fine against each Of the
gamblers still stood in the police
court, but Immediately after the ap-
peal was withdrawn the Chinese dis
appeared, and the police claim that
they have since been unable to locate
them. :@>t
Attorney Rawlins stated today that
the Judge Of the circuit court could
have required each Of the defendants
In the case to appear personally in
his court when motion was made to
withdraw the appeal, and could have
notified the police before allowing the
withdrawal, so that preparation could
have been made to take the defend.
ants into custody again and hold them
until the fines were paid.
In the case of Che Tong and 33
others, arrested in a raid on a gamb-
ling joint over Roong Wah You's
store on Hotel street, L. NJ. Stratus
appeared as attorney. Attorney Raw
Inns had no connection with the case.
E. A. Douthitt and Straus appeared as
attorneys for the defense in the case
against All Chong and Is others, who
we're arrested March and were fined
SIS each March %. In each Of these
cases the appeal was taken, bond put
up, the appeal withdrawn and the
fines left standing unpaid on the
books of the police court.
City and County Attorney A. NJ.
Brown stated today that his office is
now drawing up new form Of appeal
bond which 1t is hoped will prevent
the escape without payment OF per.
sons fined in the police court.
THE bond used in these Chinese
~
used for years, and this point has not
been brought up before. It simply
does not cover the police court fine
and costs, and do not know that a
bond can be drawn which will legally
do this.
May Require Presence.
1T may be possible to frame a bond
which will require all defendants
against whom a fine is recorded In
lower court to be present in the Cir.
cult Court when a motion is made to
dismiss an appeal they have taken.
This would give the police chance to
rearrest them and hold them until
they paid the fines"
Attorney Rawlins said that he had
been done an injustice by the accusa-
ton that he had drawn a bond with
the object of leaving a loop-hole Of
escape for his clients. He said that
ne used the same form that has al
ways been used here.
Judge Monsarrat states that he has
approved hundreds of bonds like those
given by the Chinese, and that his
predecessors for years have done the |
same thing.
In some of the cases A. NJ. Brown, !
,ity and county attorney, put his
o. X" on the bond, and in others |
he Judge alone signed them. The at
orney's office denied that they had |
given out any statement to the effect |
hat they had never heard Of the |
ponds. Mr.. Brown said that the bonds |
we're in the usual form. and that no |
me in his office had, with his author |
ty, endeavored to shift the blame or
make it appear that Judge Monsarrat |