The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1896-09-30

MAKES WEAK PROTEST TO JUDGE
But Millionaire Kidnapers Have no Favor in
Eyes Of the Law-AttOrney Appeals TO .Su-
preme Court and Meets With Partial Sue
cess-Demonstration Quickly Suppressed.

Oliver Winfield Winthrop was sentenc-
ed to Imprisonment for life by Judge
Wallace yesterday for the robbery of
the millionaire planter, James Campbell,
August Sd last.
Winthrop listened to the words which
condemned him to a life inside prison
walls for the rest of his days with hard
ly a perceptibIe movement of the face or
body. He seemed to gulp as the words
"for the rest of your natural life" came
from Judge Wallace's lips, and his mouth
twitched a little, but that was ALL The
man, who appears to have no humane
feelings or conscience whatever, seemed
to take pride in appearing hardened.
When Judge Wallace took his seat at
the opening of court yesterday morning
the room was crowded in main floor and
gallery both. Nearly all present were
men, but the heads of half a dozen or so
women peered around from behind the
mems shoulders, trying to get a peep at
the judge and the prisoner The crowd
was generally orderly, but it showed the
interest felt in the remarkable kidnapping
case, the facts of which, when first pub
hshed exclusively in the Chronicle seemed
almost incredible.
When the Winthrop case was called by
Judge Wallace at 1O:3O o'clock, Attorney
Bell arose and asked for a continuance
of the case, as he desired to present sorne
matters to the court before sentence was
passed.
Judge Wallace asked for the attorneys
ground for his request. Bell replied:
ION the ground of newly discovered evil
dence. This evidence will impeach the tes-
timony of one of the important witnesses
for the prosecution. Urquhart testified
that he was never convicted of felony
We have sent for records to prove that
he was and they have not reached here
yet. am prepared to make a motion for
a new trial now, but I do not wish to
do so until L procure the record
District Attorney Barnes said: 81 OPP
pose a continuance, as the matter of
which Mr.. Bell speaks is not newly dis
covered evidence. 1t was in his posses
sion at the time of the trial. Besides, it
is not material to the defendant, as it
seeks only to impeach a witness on a
purely collateral matter
Bell replied: when L learned of the |
matter during the trial had no evidence |
of it in hand. ] ask for little. [ only |
want reasonable time
Judge Wallace said: ''This is not an inn |
portant matter in this case. 1t tends only |
to impeach witness. The jury had the |
whole matter before them to consider it |
as they chose. 1t is not to be expected !
that any different result would follow |
even had Urquhart been impeached The |
questions put to Urquhart pointed to that
as a ground for a motion for new trial |
or for a continuance. 1 will have to de-
ny it,
Attorney Bell then changed his tactics
and said: Then / want time to show |
on the part of one or more of
the, jurors
Bell fought hard to make his point stick. |
but Judge Wallace denied all his applica-
tons even gong so far as to have his
words put in the record.
Turning to Winthrop, the judge said to
him that he was accused of having COM |
mitted crime in robbing James Camp |
bell. He went on to rehearse the story of |
the kidnapping, the trial, the conviction, |
and then asked him if he had anything to |
say why sentence should not be passed on |
him
Winthrop lad been standing up in the |
dock, WiUh his arms a little outstretched |
and his hands resting on the rail. He was |
cleahly shaven and looked we'll and in |
good condition. f2e did not move a mus
Gle until the judge asked the question |
Then he frightened up and said Il have |
in clear tones.
Bell interrupted, saying, AT this time |
desire to move for a new trial on the |
regular statutory grounds, all seven of |
them, and l ask time to present affidaVitS |
as before
Judge Wallace again denied Bells mo- |
JlOil, ana an exception was again taken. /
Bell made a further plea, but Judge Wal |
lace was not to be Influenced by any Of !
the attorneys statements, and turning to !
Winthrop again Judge Wallace asked him /
what he had to say that sentence should |
not be pronounced against him.
Winthrop replied sharply and distinctly: |
IN the first place, before being even ar |
raigned, l was tried, convicted and SEN |
fenced by the newspapers. In the second
place, when l came into this court room
saw that I was not to have a fair trial. |
The District Attorney told the jurors that |
they were not fit to administer justice un- |
less they found me guilty. They were bull |
dozed into reaching their verdict.
After l was arrested l was prosecuted |
to the full extent of the police depart |
nent's power. Every time friend OF mine |
came to see me a minion of the law was /
put on his track. one of my friends was
even taken into custody.
When l was brought into the court |
room I was pleased to be tried by your |
honor on account of the reputation you !
have for dealing out justice according to |
your honest judgment. CThe crowd snick- |
zred and little laughs were heard. as the