The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1889-11-05
SUPREME COURT.
OCTOBER TERM.
AT CHAMBERS.

BEFORE HIS HONOR JUSTICE DOLE.
PROBATE DIVISION.
In re estate of Thomas H. Hebron.
Probate of Will. The Court admits the
Will to probate, and appoints Mrs. Ho-
bron executrix to serve without bail.
W. o. Smith attorney for petitioner.
CRIMINAL.
The Court was opened at 10 o'clock by
proclamation of Deputy Marshal Hop
kins, the Chief Justice on the Bench.
The Acknowledgement moved that the
names of Hiram Kaaha, B. II. Kahana-
nui and A. S. Mahaulu, charged with
conspiracy, be placed on the native cal
endar. He stated that he was prepared
to present an indictment against them.
Motion was allowed and the Attorney
General then read the indictment charg-
ing the three defendants with the offense
of conspiracy in the first degree. The
defendants pleaded not guilty and their
cases were set for trial at the next term
of Court.
Order was now made that all those
persons indicted for conspiracy and riot,
except the three just previously ar
raigned, should appear before the Court
at l o'clock AT OBS the Court took a
recess until ! o'clock.
AFTERNOON SESSION.
The Court assembled again at o'clock
and seven of those indicted for riot, and
had pleaded not guilty, were brought be-
fore the bar of the Court. His Honor
ordered that they and all other cases of
those indicted for riot or conspiracy in
connection with the Wilcox affair of July
Both, should stand over to the next term
OF Court, bail being set for each indict-
ment at 500.
Ho Fon, the Chinese, who had been
tried and found guilty by jury, of con-
spiracy, was now presented before His
Honor for sentence.
Mr.. Neumann, counsel for the defend
ant, desired to make motion in arrest
of judgment on the ground that the in
dictment under which the defendant had
been found guilty, charged that he was
engaged in the offence with one R. w.
Wilcox and divers other persons to the
Acknowledgement unknown. He held
that ali the persons seemed to be known
w lIle AllOtuSy -O0uoIdl, dIlu jury udu
acquitted Wilcox
The Attorney-General argued in favor
of having sentence passed and with which
the Court agreed. The Attorney-General
then stated he did not think that there
was great deal in the case of the de-
PENDANT which would appeal to the
mercy of the Court. True, the defendant
was a young man, had young wife and
two young children. The speaker was
in hopes that the Court would not ind
it necessary to lmprison the culprit, but
if it should, or whatever sentence might
be passed, he hoped it would go to the
heart OF this young man and teach him
lesson that would be valuable to him
through after life.
His Honor addressing the prisoner
said, in substance, that: the uttermost
limit that the Court would we authorized
to inf1ict in your case would be imprison-
ment for ten years at hard labor or fine
of $1,000. 1t is impossible to fully esti-
mate how much this, racket might say,
affair of Wilcox's has cost the country.
1 do not refer to the actual expenses for
the services Of persons to put down this
affair, nor that incurred in the trials,
nor the cost of repairs of damages to the
music hall, ETC., l do not refer to those
although the amount therein must have
been several thousand dollars. / refer
more particularly to the damage that
cannot be definitely estimated, the in
jury to our good name, the shaking of
values and the injury to us abroad is
worth many hundreds of thousands of
dollars. If this country is reduced to
that condition that a revolution may
occur every few months or so then no
new enterprises will be undertaken and
people of wealth Will put their monies
away from here. 1t is evident that this
was started by people who
were dissatisfied, who were without en-
ployment largely and without money.
could understand why Chinese who
had lived here long time and had for
merly voted were dissatisfied, because
they had no vote now. Yet you are
young man of only "a years of age; you
were more of an agent in this than any
thing else, and being newspaper man
and understanding Hawaiian and Eng
fish, you would naturally be a go be-
tween. Some Chinese have contributed |
TO the movement which has been the |
means of bringing you here. 1 propose
that opportunity be given to make a |
further contribution, and fine you $3.50. |
Mr.. Neumann withdrew bis notice of |
motion in arrest of judgment and thanked |
The Court for the leniency shown his |
'lient.
The Acknowledgement now moved |
hat sentence be passed on J. M. Poepoe |
and as the prisoner had pleaded guilty |
ne considered that that fact should be |
aiken into consideration. He had hoped |
hat the Government would have been |
n a position to commend the action of
defendant in giving assistance on the
,ide of the prosecution but the shifting, i
hedging and fencing which Poepoe dis
played while giving his evidence had
the speaker to make up his
mind that the witness had forfeited any
special plea from the Crown.
His Honor before passing sentence
aid: Mr.. Poepoe there is but one tri-
,unal that can give exact and discrimin-
ting justice and that is the Divine one;
don't pretend to be able to do it.
When the chief in criminal action gets
If there is a sympathy with others con-
lected that they do not suffer much.
Iy feeling now toward the Hawaiian
'eople is one of sadness and pity, not OF
niger or hate in anyway but of pure pity
nd sorrow that they did not rise to the
egree of their manhood and do right.
bought when you gave your evidence
be other day you seemed DESTROYS OF
'eing on the popular side certainly in
vino a,our ax,idapna VOL, pnada cnaaohac |