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THE MAUI NEWS
SATURDAY, JULY 31, J 909
Supreme Court Remands the
' Through tlir courtesy of I). II
Case Esq. of Wnihiku we arc in re
ceipt of the following:
George Lewis of Aohison, Kansas
was arrested and while shackled
and handcuffed was taken before
magistrate and committed to jail on
a charge of burglary. Not liking
the manner in which he was treated
nor the confinement in jail hehroke
away hut was re arrested and tried
and acquitted on the charge of burg
1 1 .. w
iary. Alter Jus acquittal. Jiewas
arrested and tried on a charge of
hrenking jail. He. was convicted
nnd sentenced to two years at hard
lalwr therefor. The Supremo Court
of Kansas sustained the lower court
and Eugene F. Ware an able attor
ney of Fort Scott wrote' the follow
ing humorous report of the ease
which has since boon inserted in the
Kansas Reports of the Supreme
In the Supreme Court, State of
Kansas. George Lewis, -Appellant,
ads. Tho State of Kansas, Appellee.
Appeal from Atchison county.
Law Paw ; Guilt Wilt. When
upon thy frame tho law places its
majestic paw though in innocence,
or guilt thou art then required to
Statement of Case, by Reporter:
This defendant, while at large, .
Was arrested on a charge
Of burglarious intent,
And direct to jail ho wont.
But he somehow felt misused,
And through prison walls he oozed,
And in some unheard-of shape
He cflected his escape.
Mark you, now; Again the law
On defendant placed its paw,
Like n hand of iron mail,
And resoeked him into jail
Which said jail, while so eorraled,
He by sockagc-tenure held.
Then the court met, and they tried
Ix-wis up and down each side
On the good old-fashioned plan;
Rut the jury cleared the man
Now, you think that this strange
Ends at just alout this place.
Nay, not so. Again the law
On defendant placed its paw
This time takes him round tho capo
For effecting an escape;
He, unable to give bail,
Goes reluctantly to jail.
Lewis, tried for this last act.
Makes a special plea of fact:
"Wrongly did they mo arrest,
"As my trial did Tit test,
"And while rightfully at large,
"Taken on a wrongful charge.
"I took back from them what they
''From me wrongly took away."
When this Bpecial plea was heard,
Thereupon The State demurred.
The defendant then was pained
When the court was heard to say
In a cold impassive way
"Th? demurrer is sustained."
Back to jail did Lewis go,
But as liberty was dear,
He appeals, and now is here
To reverse the judge lx-low.
The opinion will contain
All the statements that remain.
Argument, and Brief of Appellant:
As a matter, sir, of fact,
Who was injured by our aet,
Any projxTty, or man?
Point it out, sir, if you can.
Can you seize us when at large
On a baseless, trumjied-up charge;
And if we escape, then say k
It is crime to get away
When we rightfully regained
What was wrongfully obtained?
Pleaso-the-court-sir, .vlmt is crime?
What is right, and what is wrong?
Is our freedom but a song
Or tho subject of a rhyme?
Argument, and Brief of Attorney
for The State:
When The Stale, that is to say,
We take liberty away
Tells Story of Accidental
Death of Companion.
The story of Fujihara, tho Jap
anese who eight years ago eseaied
from Ililo jail when he was to have
ix-cn hanged in a couple of day
and has since liccn near to nature in
the mountains, until stumbled
across by Deputy Sheriff Overcnd,
is exciting a Jiroat deal of sympa
thetic interest and there is even the
question whether or not Fujihara
was guilty of the crime with which
he was charged and for which he
was sentenced by Judge Little to
hang by tin- neck until he should
Fujihara states that ho did not
kill the fellow countryman whose
life he was accused of taking. He
says they were working together,
cutting grass, and the shotgun with
which he was supposed to have slain
his comrade was lying in the grass
with the ramrod down the barrel.
The grass caught fire and the flames
discharged the old-fashioned weapon
so that the ramrod was driven
through the abdomen of the other
Fujihara was tried and convicted
in a court noted for quick convic
tions, without a proper interpreter
and without fully understandinc
what was loing done in his regard.
He says, further, that he paid Jailor
Moore, since dead, $10,000 for an
opportunity of. escape. In any
event he managed to escape with
help from within, for his shackles
had been removed for him. He
was a contractor and had some
money and also claims that friends
assisted him to raise the prices of
Once free, he did not attempt to
got to Japan for the reason that he
ared he would be recognized. Ib-
took to the tall hills and lived as a
nature-man on what the mountains
produced, until he ventured too near
civilization ami was raptured at Ho-
Just what will be done with Fuji
hara is not settled, but be protests
that if he is hanged tho government
will have on its hands the blood of
iin innoeent man.
When the padlock and the hasp
aves one helpless in our grasp,
It's unlawful then that he
Even dreams of liberty
Wicked dreams that may in time
Grow and ripen into crime
Crime of dark and damning shape;
Then, if be perchance escape,
Evermore remorse will Vol!
O'er his shattered, sin-sick soul.
Plcaso-the-court-sir, how can we '
Manage jioople who get free?
Reply of Appellant :
lease-the-court-sir, if it's sin.
Where 'docs turpitude begin?
Opinion of the Court. Per Curiam:
We don't make law. We are
To interpret it as found.
The defendant broke away;
When arrested, hi; should stay.
This appeal can't Ik? maintained,
For the record does not show
Error in the court below,
And we nothing can infer.
Let the judgement Ik; sustained
All the justices concur.
Note by the Reporter.
Of tho sheriff rise and sing.
"Glory to our earthly king!"
IE. F. W.
IIOl'SR TAINTINO AND PAPERING
Vineyard Street, : : Wailuku, Maui.
CONTRACTOR and B U I L I) E R
Plar.s and Estimates Furnished.
Small Jobs and Repair Work by
Day or Contract.
Wailukc, Maui, T. H.
Deputy Sheriff Overend
and Man in Attic.
Hilo, July 22: Dr. Atcherley's
reference to the man it the attic is
explained by Deputy Sheriff Overend
through his Attorney Frank Thomp
son, both of them lx-ing in Hilo to
day, as folows:
"In Septemlx-r, 11)01 , Deputy
Sheriff Overend was present at a
term of the Court in Kohala. There
went also at Kohala, Chester Doyle,
Judge Eding, Frank Thompson,
Palmer 'or ids, Frank Wrxxls ami
many other of the solid and reput
able business men of these islands.
"Overend was living in a cottage
near the Kohala Club, Dr. Atoher
ley also having his quarters there,
while the rest of us were living at
the Club. In the night time my
client, Overend, used to show evi
dent symptoms of insanity, sliding
down the stairs on a muplr of
boards, shooting bis rcvolvcrthrough
the roof ami a few other i rcrntrici
ties that high, boyhood spirits arc
responsible for, and front all of
which bo has long since permanent
'Dr. Atehcrloy complained that
Overend was insane, so Chester
Doyle telephoned to Sheriff Andrews
that Overend was violent anil re
ported that ho had the Sheriff's per
mission to take the proper proceed
ings against Overend, and it un
fortunately devolved upon mo to
prepare the information -and com
plaint against him.
Granliorg, who once had bis jaw
broken, and was thereby prevented
from indulging in the enjoyment of
humor by laughing presided over
the Court. Frank Woods was the
bailiff, George Tulloch the stenogra
pher. Chester Doyle brought his
prisoner, Overend, into court hand
cuffed, and I was appointed counsel
or the defendant
"Atehcrloy was the first witness
called and his ability to testify was
tt once questioned, also his qualifi
cations as a doctor and as no proof
was immediately forthcoming that
e was a legally licensed practi
tioner, tho testimony of the witness
was excluded. r,
The trial lasted fir three hour.
Contrary to all the evidence in tin
case, my client. Mr. Overend. wns
unjustly found insane but there was
no Court of Appeal so wo had to
lxw to the decision of the jaw-
broken judge. Before the court had
born emptied my client broke away
from the custody of Chester Doyle,
and rushed into the room with a
revolver in each hand which he fir
ed into the air.
Then there was a sound of crash
ing glass, and the last seen of Dr.
Atehcrloy was as he disappeared
through a window into a cane field
with the window frame around ' bis
neck. It was an impressive sight,
one that I can see as clearly today I
did eight years ago when it happen-
"That accounts for The Man In
The Attic to whom Dr. Atcherlov
now doubtless refers."
And the leu rued Counsel dropped
a tear of sorrow which he later
drowned in Black and White.
The following is from the Adver
What Ateherley said was this:
The man who telephones from my
garret has been busy all day and I
am nearly distracted. Mr. Magoon
came up last night and said 1 was
crazy to put such a story in the Ad
vertiser, but he rlid not understand.
The man was quiet then but listen
ing. Yesterday ho made himself
known again. I heard him tele
phoning to Wayson, saying 'I have
lieen here all tho time.' The fellow
called, up Brinckorhoff as well as
ayson and guyed me. This is the
kind of thing I have had to endure
'or nine months. Tin- most dread
ful language is used."
Does your wife hear this also?"
No. One must lie ready to hear
must lie en rapjxut. She hears
nothing. 1 have inovt-d to Kalihi
but the man has followed me."
'Did betake his telephone over?"
'Yes. He knew where I was go
ing and rigged it up Ixforchand. It
is a xrtahlc telephone. How they
work it, goodness knows, I think
Overend is the electrician."
Law Makes Lawyers
Worihy of Their Hire.
HILO, July 22. In accordance
with the provisions of out- of tin
laws passed by the Legist lire of 1!M)
tho Court is comielleil to pay fees
to such attorneys as may lx- assign-
en liy it lor the rlctenso of accuser
jHTsons who have no means where
with to pay attorneys' fees. Such
expense has now to lie borne out of
the regular appropriation for each'
court, thus adding to its expense
without any corresponding increase
having been marie in appropriations.
Tin- first hearing in the matter of
these foes in Ililo took place on
Tuesday morning, when Judge Par
sons placed the attorneys whom he
had assigned to the different cases
Uixni tho witness stand to ti ll of the
services which they had rendered
for their respective client. Tho first
attorney to take the stand was W.
H. Beers, who was awarded the sum
of 840 for defending a burglar who
was sentenced to imprisonment for
three years. W. S. Wise was award
ed a similar amount, his client be
ing sentenced to not less than five
years on a charge of sodomy. Harry
Irwin, against whose client a no!
pros was entered, received 1!2o) a
similar amount going to Jos S.
Ferry, who defended a man charged
with assult and battery with a weap
on, who was sentenced to six months
in prison. J. U. Smith also got if j")
for defending a Japanese who plead
ed guilty to assault and battery and
was sentenced to not less than IS
months' imprisonment, but saved
the Territory the costs of a trial.
Advance Guard of Labor
Will Go To Plantations.
Honolulu, July 22. Forty-five
Filipinos arrived this morning in
the Korea, these being the first of a
largo number of people that will
come to tho islands for work on the
Tho party were sent promptly in
to quarantine, where they must re
main for seven days, consequently
t lie town had no view of the new
comers. They are. however, rcnort-
ril h.v Ihc clhcers t the ship to i.e
well -apnea ring nun. although the
fheers are not cxicrts on tin -
ject of plantation ialmr.
These Filipinos wen- enlisted by
Mr. Pinkhiim and Mr. Steven, who
wont to the Philippines some time
ago. They come from one of the
southern islands of the group, in the
vicinity of Cchu, and an- of the
agricultural class. It is in the is
lands from which they come that
the future sugar industry of the
Philippines will be dovr loped. Re
ixnts are that as a class these peo
ple an- goorl workers, law abiding
ami generally desirable.
It is Ix'licvcd that this shipment
will In- followed by further arrivals
on steamers from the Orient. There
is an over population in tin- island
from which these men come and un
der ordinary circumstances a large
number should hi' available for Held
work in the main industry of Ha
waii, if they should lie Heeded.
How Long Are High Wage
Men To Run Things.
Honolulu, July 20. Attorney W.
A. Kinney in speaking of the con
spiracy case now on trial in the Cir
cuit Court, said this morning:
In the prosecution of the Waipahu
rioters just tried, as also in the pro
secution of tin- Ewa assaults and the
Waimanalo riot rases, our firm was
and is retained by the Planters' As
sociation to assist the prosecution. .
The prosecution of Makino, Ne
gri ro and the other Higher Wage
leaders for conspiracy, the trial nf
which lias just Ix-gun,' was under
taken by me on my own imtsoihiI
rcsjxinsibility, tin members of the
Planters' Association knowing noth
ing aUiut it lx'yond my statement
that 1 was going to do it on my own
responsihilPly, marie to several of
them an hour or so before the arrests
I Just Enough
-Many ix-ople need nourishment and Stout is recom
mended by very prominent physicians. For this parti
cular trade wo have inixrtcd it in half -pint-, just
enough and no more. No waste. Wo have also just
in bulk and
The Beep that's Brewed
to Suit the Climate.
will 1m- sweetened by gi tting into
these COLLEGIA Broad toe, Pas
The quality of ;in se shoes bac'o -
anything made iui.I sold at jvl.00 and
,lleal! r-vr r.V Word of it. We se'l I,-.
$.00 and tin who buy- tin in
more than he ordinarily exoeets.
Wo have tin in iii hoi h I,
Tan, Russia an. I Black Vir-i
Add 2" cents for Fr
1051 FOUT 8TRKKT,
KAHULUI HARNESS SHOP
Maker of Saddles 2nd
-ntisfnetion Guaranteed on nil work
I was born in this town and was
anil am willing to contribute some
thing towards testing the right of
the leaders of the Higher Wage As
sociation to run things in this city
as they have done the past six
Miki Saito is
Expected on Nippon.
Honolulu, July 22. Miki Saito,
former Japanese Consul (icucral in
Hawaii, according to rumor, is is
peeled to arrive from Japan on tin
Nippon Marti on July 151 . His mis
sion hen-, said Editor Tasaka of the
Nippu Jiji, today, is to investigate
the. strike situation, lint wlu-n in
quiry was made at the Consulate
Mineral this morning, K. Alie, the
Eli e Consul, stated that as far as
In- knew, no such information was
received by the Korea from the lJe-
partuicnt of Foreign Affairs.
& Liquor Co.
SHOE COMPANY, Ltd.
:- : HONOLULU.
D. E. NliWMAN, Prop.
The information as to tin- coming
of S.iito was first published iu the
Osaka Shinbun, which came by the
Korea yesterday. Other Japanese
newspapers published in Tokio con
tradicted this statement . They re
marked that Saito had U r n ollieially
appointed as chief of tlx- Informa
tion Bureau under the Japanese De
partment of Foreign AlTairs.
Editor Kimura of the Japanese
Paily Chronicle, when asked aUuit
the unexpected arrival of Saito from
Japan, said that hi- had s-eu the
Japanese newspajx-r published in
Jap-in, contradicting statements
about Saito's coming to Hawaii. He
belli ves that the Japanese (ioveril-
lueiit would not si ml Saito or any
other inan In iv to investigate tl.r
strike situation, a- Consul (ieiieral
I'yi no is fully comix tent to handle
tin- Mnke without additional assistance.
- iii I