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THE MAUI NEWS
SATURDAY, OCTOBER Hi, 1909
Court Room Stories.
In the court room tin; drama of
"human interest" goes on during
everyday of n term, with man if t sta
tions of humor, of pathos and of
"the elitnix of t ho unexpected''
not to he equaled hy any invention
in the fictitious drama of the
theatre. Many of our hoy readers
will he lawyeis some day, doctors
of human nature, keen to note
every symptom, favorahle or un
favorahle, in judge, jury, plaintiff,
defendant and witness. The suc
eessful lawyer, like the clergyman
and the editor, must he in touch
with "the many mihds of many
The most conscientious lawyer,
once he is impressed with the
justice of his client's claim, does
not depend altogether on his col
lected evidence or upon his oratori
cal powers of swaying the jury,
lie knows that, there aro other
ways of making an impression on
the average juryman. For example,
it is related of l.achaud, a famous
French advocate, that in pleading
a certain case he perceived that
one of the twelve sworn in "with
out prejudice" seemed to he most
prejudicially hostile to him and
In the faces of all the other men
in the hox he saw with his prac
ticed'eyes that his oratory or his
shrewdness was having its effect,
hut this man, in spite of all
I.achaud could. do, remained frown
ing, suspicious, obdurate.
Lachaud continued with his
work, however, and piesently saw
that his opportunity had come It
was a hot day, and a ray of sun
light had penetrated a crevice on
the'eurtain and was shining on
top of the head of this juryman,
who was quite bald. The lawyer
paused in his argument and ad
dressed himself directly to the
"If your Honor would please,"
he said, "to order that the curtain
in yonder window be lowered a
trille, I am sure that the sixth
juryman would appreciate it."
This sign of watchful attention
won the obstinate juryman's heart
and l.achaud's case.
An Irish American lawyer, Jere
miah Mason, possessed to a mark
ed degree the instinct for finding
the weak point in an opponent's
argument or testimony. He was
once cross-examing a witness who
had previously testified to having
heard Mason's client make a cer
tain statement, and so important
was this statement that the ad
versary's ease was based on it
Several questions were asked by
Mason, all of which the witness an
swered with more or less hesita
tion. Then he was asked to repeat
oncu metre the statement he had
heard made. Without hesitation
he gave it word for word as he had
given it in the direct examination
A third time Mason led the w itness
round to this statement, and again
it was repeated verbatim.
Then, without warning, he walk
ed to the witnem stand and, point
ing straight at the witness, said in
a perfectly unimpassioned voice:
"Let's see that paper you have in
your waistcoat pocket."
Taken completely by surprise,
the witness mechanically took a
paper from the pocket indicated
and handed it to the lawyer.
There was profound, silence in
the court room as the lawyer slow
ly read, in a cold, calm voice, the
exact words of the witness in re
gard to the statement, and culled
attention to the fact that they
were in the handwriting of counsel
on the other side. He then gather
ed up his paper with great de
liberation, remarked that there
seemed to be no further need for
his services "mid d parted from the
Mason was asked how he knew
that the paper wa in the witness'
"Well," explained Mason, "it
seemed to me that lie gave that
part of his testimony more as if
he'd learned it than ns if he had
heard it. Then, too, I noticed that
at each repetition of his testimony
he put his hand to his waistcoat
bucket and then let it fall again
when he got through."
Needless to say, the adversary's
case was settled "bv default."
Occasionally a just lawyer will
have trouble with an unjust judge.
A judge named Robinson was noted
for his peevish, sneering manner,
and especially for the form of con
tempt fir young men which was
characteristic of Walpole, and
which called forth from the then
young Pitt the ironical sentence
beginning: ''The atrocious crime
of being a young man."
Hoare, the Irish lawyer, was
once arguing a case before Robin
son. The judge was unusually
stern, and finally roused the young
barrister by accusing him of in
tending to bring the king's com
mission into contempt.
"No, my lord," said Hoare; "I
have read in a book that when a
peasant, during the troubles of
Charles I., found the crown in a
bush, he showed it all reverence.
In like manner I shall respect the
king's commission, though I find
it on a bramble.''
Hobinson was repc rted to have
risen to his(rank by the publica
tion of some slavish and scurrilous
pamphlets. Once in the days when
Curran was poor and unknown,
struggling against great adversity,
he appeared before Robinson. The
judge tried to extinguish him.
When Curran declared that he
had consulted all his law books
and could not find a case that did
not support his position, Robinson
"I suspect your law library is
This brutal and unnecessary re
mark stung Cumin's pride and
roused him at once.
"It is true, my lord," he said,
after a moment's contemptuous
silence, "that I am poor, and that
circumstance has curtailed my
library. My books are not numer
ous, but they are select, and I hope
I have perused them well. I have
prepared myself for this high pro
fession rather by the study of a
few good books than by the com
position of a great many bad
Very different from Robinson's
way was the way of the "just and
upright judge" of old-time Ver
mont. Theophilus Harrington. He
was a man who lovedithe right and
eared little for mere legal quibb
ling. "If justice controls your
verdict," he would often say to the
jury, "you will not miss the general
principles of the law "
At one trial, when the possession
of a farm was in question, the de
fendant offered a deed of the pre
mises .o which the plaintiff's
lawyer, Daniel Chipman, objected
because it had no seal.
"Rut your client sold the land,
was paid for it and signed the
deed, did he not?" asked the judge.
"That makers no difference,"
said Chipman. " The deed has no
seal, and canno. be admitted in
' Is anything else the matter
with the deed?" asked the judge.
"I don't know that there is."
"Mr. Clerk," said the judge,
"give me a wafer and a three
cornered piece of paper.''
The clerk obeyed, and the judge
deliberately made and allixed the
"There, Brother Chipman," said
he, "the deed is all right now. It
may be put in evidence. A man
is not going to be cheated out of
his farm in this court when there
is a whole box of wafers on the
"The court will give me an ex
eeption?" pleaded the counsel.
"The court will do no such
thing," answered the judge, and
he kept his word.
Witnesses,furnish much of the
entertainment which from time to
tune enlivens the moiiotonv of
legal procedure. Ton tenacious
memory sometimes leads to em
barrassing situations for the op
position .Attorney. An English
paper relates the story of a right-of-way
case which concerned an
ancient footpath over an estate.
The place had passed from an old
and resptcted family into the
hands of a rich nobody.
The lawyer who appeared on be.
half of the landowner .eioss ex
amined a venerable countryman,
who had testified to his own per
sonal knowledge that there had
been a right of way over the land
ever since he was a boy of five.
"And how oM are you now?''
asked the lawyer.
"But surely you can't remember
things which occurred when yon
were a boy of live, eighty years
" 'Heed an' Lean, sir." asserted
the octogenarian witness. "I can
mind a year afore that, when your
feyther, sir, 'owd Skinllint Garage'
us called him "'
"That will do; you may step
down," said the lawyer hastily, as
a titter ran round the court room.
-''got a walloping from Mother
"Stand down, sir!"' said the
"for cheatin' her two-year-old
"Do you heai? Stand down!"
"o' a thruppny hit!" concluded
the venerable witness triumphant
ly as he slowly left the box.
A lawyer was questioning it wit
ness about some chickens that had
disappeared from the hack yard of
an old Negro, who accused several
of his neighhors of stealing them.
The examination of one witness is
reported by the Atlanta "Journal''
'Were the chickens in the
"Did you see them in the yard?"
"Were they in a coop? '
"Were they at large?''
"Were the chickens at large?"
"Well, sar, some er 'em was
large, but mos' er 'em was li'l'
Another story of Curren-
the tinie against him shows how
famous barrister was once worsted
by another Irish nan, a mere host
lcr, who was up as a witness in a
ase of dispute in the matter of a
horse deal. Curran much desired
to break down the credibility of
his witness, and thought to do it
by making the man contradict
himself by tangling him up in net
work of adroitly framed questions,
but to no avail. The hostler's com
mon sense, his , equanimity and
good nature were not to be over
turned. By and by Curran, in a
towering rage, broke forth, as not
another counsel would have dared
to do in the presence id the court:
"Sir, you are incorrigible! The
truth is not to be got from you, for
it is not in you.- I see the villain
in your face!"
"Faith, yer honor," said the wit
ness, with the utmost simplicity of
manner, "my face must bemoighty
clane and shinin' if it can reflect
Here is "one on the jury.'' A
young Colored girl ws on trial on
the charge of having stolen ten
dollars. The jury deliberated only
a few minutes, and then returned
with their verdict.
The girl, much disturbed, was
led to the bar.. The foreman rose.
"We find the defendant not guil
ty" he said. As the late prisoner
was turning to leave court the
judge called out.
"One moment, Ella. Re careful
not to let any suspicion fall on
you again, whether you are inno
this time or not."
"Oh, Judge," said the girl, "I
nevah done it befoh, an,' fo' de
Lord, nevalr w ill again."
Publicity of his Bill Rouses
Hawaiian Star: Passengers by
the .Mamwi Kea Saturday bruught
the explanations of Manager Elgin,
of Mahnkona. in connection with
the famous !fl7:X." bill for enter
taining Congressmen It is stated
that Elgin is decided v ''sore''
over the things which have been
said about his bill lie returned
the .Money Order for -fl 7..S" w h ieh
was sent him by a round robin of
Honolulu men, to one of the num
ber, who promptly sent it back
with a note to the effect that; be
had no autlnuity to receive it.
Where thV Money Order will end
up seems to be a problem. '
Elgin is quoted as saying thnt a
member of the Hawaii Entertain
ment Committee told him to pre
pare to receive and entertain the
Congressional party, and to charge
the expenses. He made his pre
parations and told his Japanese
servant to keep track of costs. The
Jap did so, with nice detail, hence
the bill for $ 17.".
As to where the stuff went, that
is an entirely different story. Mem
bers of the Congressional party
knew very well when they saw the
bill that the refreshment set down
had not been used by tin; p.'irty,
only two of whom staved niore
than half an hour at the' Mahnko
na place. It appears that the
boys from the country round were
invited in to meet the Congresuien
Also they had a poker game. And
the refreshments went. And the
Jap put it all down, just as the
bill showed, a count of lumps' of
sugar put in the coffee.
The Congressional party landed
at half an hour after midnight,
passtd on up to Kohala, all un
conscious of the heavy consump
tion of liquids and solids about to
be charged up to it. J !ut it is now
agreed that the stuff was probably
Hence the famous bill for $17.S"j.
And it is whispered among the
i ptii .i.t-,1
aigaronas 01 .wanuiioua inai r.igi:v
lost $ IS in the poker game. ,
"Now that every other law has
been pulled on Elgin," said one of
the party, "I think that thi- poker
game ought to be brought up in
connection with the laws against
gambling." ; ,
At last accounts Elgin had gone
to tne volcano to cool off.
The jury looktd amazed.
"That's one on you. gentlemen,"
remarked the judge, and all the
court room laughed. .
New citizens provide some of the
"blunder fun" of the courts. An
official of the Superior Court of Cook
county, Illinois, which has jurisdic
tion in the matter of tin- naturaliza
tion of foreigner-, tills the follow
ing: In October last a man named
August Ilul.hcrger took nut his first
papers. As he was alout to h ave
the court room he was observed' to
scan very closely the ollieial U-VeloH-
in which had been inclosed
the document that Was to assist ill
In a few days August turned up
again. Presenting himself to the
clerk of the court, he Ik stowed llpill
that dignitary a broad Teutonic
"Veil, here I Vos."
" Pleased to sec yoll, I'm sure,"
said the clerk, with polite sarcasm.
"Would you mind adding who you
are and why you are here?"'
August seemed surprised. He
exhibited his ollieial ciiveloie. ' "It
says, 'Rcdurii in live days,' " be
'explained, "uud here I Vos."
Washington, September l-V The
I'nited States government has made
good" with the Pacific ecia-t gener
ally and California in particular in
the matter of .lapaiie-e immigration.
When a year or two ago the people
of the Pacific slope, notably San
I'tallei.-co, grew restless over the
Japan' se question and uneasy over
the pronounced and increasing im
migration from the yellow islands,
they voiced a strong protest to the
authorities at Washington.
The government promised to see
that such provision was made as
would he satisfactory. And its of
eials went to work to bring about
such an arrangement as would suit
the citizens beyond the Sierras.
There were negotiations and counter
negotiations, proposals and counter
proposals between the executive do-
putments of the two nations, with
the result that an arrangement was
finally struck upon satisfactory to
Cnder the agreement reached no
passports were to be issued to Japan
ese laborers, skilled or unskilled, ex
cept to settled agriculturalists, to
those having a previous domicile in
the Cnitcd States or the immediate
Mood kin of those having such domi
cile. It was also understood that
American consuls in Japanese ports
should guard closely against the is
suance of passports to any Japanese
liable to become a laborer after ar
rival in American territor.
The favorable results of this agree
ment 'arc evidenced by tin; latest re
ports just received from the depart
ment of commerce and labor. The
immigration from the Japanese is
lands has decreased more than .100
per cent since the agreement was
Ottered into between tlw two govern
ments. While 10, .:!( Japanese were
admitted into the continental Cnit
cd States and 10, Old into the Ha
waiian Islands during ; the twelve
months ending April :'0, 1'IOS, only
3,071 were admitted to Cnclc Sam's
mainland and li.L'd.'l to the Hawaiian
Islands 'luring the yeareiiding April
"0, 1 )!)'.).
Furthermore, the records of the
immigration bureau show that dur
ing the year ending April :'.0, l'.ll)!),
the Japanese population in the con
tinental I'nited States hail during
that period decrease d by l,N.":i. Dur
ing the month of April,' llMl'.i, the
latest period for w hich statistics arc
available, 212 Japanese were admit
ted to the mainland and 12 to Ha
waii, a falling off of more than :'.00
per cent from the record of two years
ago. Rut even these arrivals were
more than offset by the departures
of resident Japanese for their former
hoiias. From the I'nited States
there sailed for Japan during that
month from the Hawaiian is
It can thus be seen that I'ncle
Sam is clearing away any cloud of
danger due to an inllux of Japanese
"It is also to be noted," said
Raker, chief of the bureau of far
eastern affairs, "that those Japam se
who are leaving for their homes arc
of the unskilled lalnir class, while,
from our records, we find that those
now coining" to this country are pf
the highest type; young men of
wealth and position, coming to o
tain an education at our universi
ties, students of engineering, wla
wish to study our national improve
meiils, and nun oj means, who
come to engage in business. The
I'acilic coast has nothing to fear
from Japanese immigration here
after." Til E APPLICATION.
I'lito tho-e who talk and talk
This proverb should apjH-al :
The steam that blows the whistle
Will never turn the wheel.
ANOTHER llol.D -IT.
Tom - Did you come in contact
with any stage robbers during your
travels through the far w st?
Jack inly once. 1 lin ing my -tay
in Denver 1 invited a couple of
chorus girls to dine w ith me.
Pretty Wedding at
I lilo, ( letobi r A pretty Wed
ding took place in the parlors of Mr.
and Mrs. Levi l.ymau at the llilo
Boarding School last Friday even
ing, Oct. 1, whell Miss Nellie Beat
rice Raker, formerly of the Kame
hameha Schools fort i iris, Honolulu,
became the blide of Mr. AlU rt All
Ill w Wilson, the contractor.
At .eight o'clock the bride, accom
panied iy .Mrs. Levi l.ytuan as mat
ron o h uior, entered the parlor and
was met by the groom and the lest
man, Mr. Charles Radenfeld, who
associated with Mr. Wilson in the
work mi the llakalau extension of
the llilo Railroad.
The corner of the room where the
couple si I liad been tastelu V i i-
rated by Mrs. F. W. Thrum and
Mrs. James 1'. Sissoii, who had also
arranged the decorations of all the
looms very cfi'cetivclv.
The ceremony was H-rforined by
Rev- Henry I'. Judd of Honolulu.
ssisted by Rev. Augustus Drahms,
pastor of the Foreign' Church. The
ritual of the Dutch Reformed Church
was used in the ceremony. After
the coiq )le h.-ul been united ill the
bonds of holy matrimony, an in
formal reception was held and con
gratulations were tendered Mr. and
Mrs. Wilson by the company of in
vited guests. Delicious refreshments
were served at .small tables in the
parlor, dining room and library,
while a quintet club, coiiqx iscd of
Hoarding School boys, rendered sev
eral ot the songs ot Hawaii in a
As the bride and groom were de
parting Iroiu the hoiise.a shower of
rice was cast upon them from all
directions, and thev were iriven a
jolly and enthusiastic sendofi'. A
special train took them upto (ilend
.vood and thence they were driven
to the Volcano House for a brief
For County Money.
Hilo, October ")--! umazo Kutaro,
the Japanese who obtained a judg
ment in damages against the County
in the Supreme Court some time
ago, has tiled a suit against the
County for the recovery of the
amount of the judgement, $7,d21 .(12,
citing the Rank of llilo as garnishee,
lie alleges that the bank has con
cealed certain sums belonging to the
County, and asks that it apjwar in
Court on November 17 and disclose
under oath the amount thereof, and
that judgement be rendered against
the Cojuity for the amount of the
WHY HE WAS HARRY.
As the ruddy glow increased Ih--yond
the brow of the hill the small
boy on the bridge clapped his hands
"Ah, my lad," said the stranger,
who wassoiiiewhat near-sighted, "it
does me good to sec you appreciate
yon beautiful red sky "
"Yes sir," responded the lad,
with his eyes glued on the distant
glow. "I've been watching it for
"Well! Well! It isn't often one
has the opportunity of witnessing
such a grand spectacle."
''( 'oiildu't be grander to nic, sir."
"A nal lMt, without a doubt.
And do you watch sunsets often, my
"Sunsets? Why, that isn't a sun
set!" Isn't a sunset? Then what is
"Why, that's the village school
Sol'RCE OF INFORMATION.
1 '. n w 1 1 i i ig I 1 ica r y ou a re ei igaged
to that young widow who is visiting
relatives here. Is it true?
( i rei liilig Yes.
I'.row ning I low did yoll discover
that she was the one Woman ill the
world for an old bachelor like you?
Orecning-Why, she-er-tolil mc so.