Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1898-01-24
SUPREME COURT DECISION
District Court Cannot Suspend Sen
tenCe Indefinitely.
Circuit Court Items Crowded Out Of SatuT-
days Issue Decision in the WOlter
AlimOny Matter.

An important decision affecting
the juri4dic!ion of District Courts,
in which it is ruled they have no
power to suspend sentence indie
tinitely. has been rendered by the
Supreme Court in a unanimous
opinion written by the Chief Jus
fice in the case of the Republic of
Hawaii vs.. Peter Pedro, on appeal
from the District Court of Homo
lulu.
The defendant on February 2.
1897, pleaded guilty before Judge
de la Nergne to a charge of as
Sault and battery on his wife. and
sentence was suspended. On
November "a he was arrested on
similar charge, and on November
26, being before the Court on this
charge, he was sentenced to i'm.
prisonmpnt with hard labor on
the assault and battery charge to
which he had pleaded guilty on
February 2. Defendants counsel
claimed the Court had no power
to suspend sentence and that by
virtue of the indefinite nature of
the suspension the Court had lost
jurisdiction entirely. This con.
tention is upheld by the Supreme
Court which says:
"The authorities are abundant
that a Court of record for good
cause shown may suspend the
rendition Of sentence to the
next or a succeeding term Of
court. This would not apply to a
District Court, which has no
terms but goes into session when
ever cases are brought before it.
1t is Temporary court for each
case.
I'VE therefore hold that the
District Magistrate had no power
to suspend sentence indefinitely
and had lost jurisdiction Of the
case, and consequently the i'm
position OF the sentence in Novem
ber was void. Appeal sustained
and defendant discharged. Deputy
Attorney General +. +. Dole for
prosecution: j. I. De Bolt for de
fendant.
Judge Stanley has filed de
cision on the motion for 5000
counsel fees and S25 per week
alimony in the separation suit Of
Barbara Wolter vs.. +. H. +.
Wol,er, denying the motion. The
Court rules that the granting of
temporary alimouy is dlecretiona
ry and that the testimony does
not disclose that the libellant is in
destitute circumstances. On the
contrary it shows that she is pcs
sessed Of property insured at
$4,000 and Yielding a monthly in
come of Sl7; that she is running
the Club Hotel on Beretania, out
of which she has supported her
self and minor daughter and saved
besides SllO0 in twelve months.
j. A. Magoon, h. ID. SilIimap
and Chas. Creighton for llbellant;
Geo. A. Davis for hbellee.
In the bankruptcy proceedings
instituted by Theo. IL. Davies d
Co. against Harry Cannon, George
d, Gear appeared before Judge
Stanley for the bankrupt and oh
jected to the petition and to hear
ing the same before the lawful
period. The matter was then set
for Tuesday. January 25.
In the case of 5. Ahmi VS..
Henry Holmes, trustee, and
others, the defendants l.. X. Ha-
lualani by his attorney Cecil
Brown, Manunui by his attorney
A. G.. Nj. Robertson, Ii Cheung,
Mrs. Emily X. Mehrten, Chinese
Y. Nj. G. A. and Edward Hore by
their attorneys Kinney a. Ballou,
interpose a plea in bar, setting
up that the title to the property
in dispute has heretofore be.n
settled by IA decision of the
Supreme Court.
Ia the action, trespass on the
case, entitled Nakamura and
others vs. Makee Sugar Company,
defendant has filed IA demurrer,
by its attorneys Kinney & Ballou.
Defendant also moves that the
plaintiffs be required to give a
bond for costs in the sum of
$500.
In the case of Honda and others
vs.. Hui Fart, Kinney IL Ballou