The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1889-01-22

seats as jurors and vet condemn me, no
matter what the evidence might be.
The King vs.. I.ai Chou. Gaming
Deputy Acknowledgement Peterson for
the Crown; Y. Y. Ashford for the de-
PENDANT. Appeal from District Court OF
koolaupoko. Tried before the following
foreign Jury: George Mcleod, T. Suhr,
J. W. Gibbs. j. Ii. Black, George c..
Stratemeyer, f. Cert, A. Gilfllan,
Robert Grieve, Chas. Hammer, j. A.
Spear, Charles Lucas, and J NJ. Dowse.t.
A verdict OF guilty is returned, two jurors
dissenting. Sentence postponed till to-
morrow.
The King vs.. 1ock Ian. Possession
OF opium. Deputy Acknowledgement for
the Crown; J. \. Magoon for the de-
PENDANT Defendants motion to with
draw plea OF guilty on which judgment
was passed in Police Court. Mr.. Magoon
argued in support OF his motion, sup
ported by afidavits. The ground Of
motion was that defendant had made his
plea on the strength OF information ten
dered him, that by pleading guilty he
should receive but light sentence. Mr..
Peterson for the Crown opposed the
law was correct, the law OF this country
foIbids an appeal from 4 lower Court,
after trial i complete there, except an
appeal for mitigation OF sentence. Deci-
sion reserved.
The Court adjourns at :05 for the day.
THURSDAY, Jan. Il.
The Court opens at 10 a. m. Foreign
Jurors in attendance. Noon recess II 80
a. N. till p. N. At PIP adjourns for
the day
Lai Chon, convicted OF gaming yester-
day, has the sentence OF the lower Count
confirmed, viz, 800 fine and costs.
In the case of Gock Lau, from yester-
day, the motion OF defendant to allow
the plea OF guilty in the lower Court with
drawn, is over-ruled, and sentence OF
lower Court affirmed, viz, thirty days
hard labor and $50 fine and costs.
The King vs.. All Wa and All Nau.
Possession OF opium. AttOrney-General
c. w. Ashford for the Crown; Y. V.
Ashford for the defendant. Appeal from
Police Court, Honolulu. Tried before a
foreign jury. Oral verdict without retir-
ing, under instruction Of the Court, for
acquittal.
T. H Hayselden, who pleaded guilty
yesterday to indictment for conspiracy
second degree, is sentenced to pay fine
OF 800 and costs.
HIS Honor addressing Mr. Hayselden,
said: Col. Macfarlane was charged with
the otfense Of conspiracy in the first de-
gree, but the jury thought proper TO
bring in verdict OF guilty in the second
degree Tor which he was fined 500, the
maximum money penalty. You are
charged with conspiracy in the second
degree and have pleaded guilty after
making 4 statement in which you said
YOU had no interest, no gain and no ar
rangement with Macfarlane. You further
said YOU did not authorize those goods TO
be charged TO your account. Your COun-
sci urged that a nominal fine be imposed.
The Acknowledgement has been very
liberal. and as | understand him would
be satisfied with the infection OF any
money penalty the Court saw fit. 4
person may through carelessness and
reckleSSness put himself in 4 position to
offend the laws without the least iuten-
ton The Court must, as itHlways does, !
take into consideration the plea OF guilty.
The Acknowledgement has said that he
thought you had good fighting grounds |
ii plea Of not guilty had been entered. (
The Court has no evidence before it and 1
cannot listen to outside talk. The bare /
fact remains before me that you have /
pleaded guilty. The Court believes there |
was no intention to defraud the Govern
ment, that Is, II your statement is true. /
I have always been lenient, and it is no |
pleasure TO q Judge 10 pass sentence. I |
should not be doing my duty if l fixed a |
nominal sum. The Court fines YOU 800 |
ana costs.
The King Is. All Pal and All Mung. |
Conspiracy second degree. Attorney !
General for the Crown; no appearance |
Of or Tor defendants Committed Nov 8,
1888, to this term for trial Prosecution
certifying they decline to present indict-
ment, order OF discharge viii be made
The King vs.. 4. Kennedy Possession
Of opium, second trial. Magoon for de
andant. Nolle prosequi allowed
later Court news on page I0.)