The Hawaiian gazette., 1898-10-18
A JUDGES VIEWS
Caiph Wilcox Speaks Of Courts
Martial.
A WANT OF Confidence
STIFF Lectures to Lawbreaking
Soldiers-Convictions In Police
acknowledgements.

are members of Company b, First New
York. Private L. A. Rodgers was
tried by himself on the charge OF ma
licious mischief and injury; Privates
Riley and Mcdonald were heard to-
gether on the charge of assault and
battery on police officer. Marshal
Brown, assisted by Deputy Attorney
General Atkinson, conducted the pros
ecution; w. A. Kinney appeared for
defendants.
In the Rodgers case three policemen
and the Chinese storekeeper were
called for the Government. They tes-
tilted to the purchase of the lantern
by defendant, refusal to pay, the row
that ensued, arrest, scuffle with the
police and trip to the station house.
Defendant put on one witness, Nc
Donald, defendant in the other case,
who put in a general denial to the evil
Lence ELECTED from the police wit
nesses. Argument on both sides was
sharp and strong.
A feature of the trial was a little
characteristic speech delivered by
Judge Wilcox to the prisoner at the
time sentence was pronounced. 1t Gre
ated a bit OF sensation in the court
room. The Judge said:
Young man, find you guilty Of ma
licious mischief and injury. I am
sorry, but 1t can't be helped. The law
for the offense is pretty severe. l do
not care to impose the full penalty. In
fact l regret to punish a soldier. But
the Boys in Blue have been received
with open arms by this community.
All the troops now in Manila were
welcomed. Toasted and entertained
here. And what Is the city receiving
in return? The outrages in Manoa
Valley upon the poor Chinese garden
ers would not be tolerated in New
York and Is not soon to be forgotten
here. Walking into peoples houses at
Waikiki and similar acts are talked
about and condemned. Your acts of
last Saturday night are most repre-
hensible and you should be thorough
ly ashamed OF yourself.
~" h"'' nv .h'"" '""' "ssA"''
you wear a soidlers UNIFORM you are
above the law. so long as you ARE on
Hawaiian SOIL, Just SO long are you
amenapie 10 hawaiian peace regnia-
tons, unless in the extraordinary time
of martial law.
st is in my heart to be lenient with
you. But you have sinned and must
be punished. II there was any pros
pect or your paying just penalty De-
fore military court, would let you
on easy mere. But, 10 tell you the
truth, l have no confidence Whatever
In your courts martial. A short time
ago two Army ofhcers created a most
disgraceful disturbance at night IN the
business center. Next DAY, wheh
complaints were to be mace, your
commanding officer was sick abed and
could not be seen, Dut gave Dig am
ner to friends that evening all the
same. me Two omcers were white
washed. II might be the same with
You, young man. 80, whiie nave you
mere, VIII impose sentence whlch
l deem suitable 10 the onense, In view
or all the circumstances. ! sentence
you 10 hlteeh DAYS imprisonment at
nara iaDor ana 10 pay court COSTS
Appeal was promptly hoeeo.
hiiey ana McDohaid were next ar,
raighed. MT, hinhey also appeared
TOT them. both men pleaded not
guilty 10 the charge OF assault ana
battery on ponce oMcer. -four po-
Icemen testined that the Two soluiers
attempted 10 rescue the man VINO nad
peeh taken. Iney struck captain Na-
nae ana one OF tnem kicked another
oHcer. Marshai Brown happeheu up
ana oruereu DON uhuer arrest. ih.y
were overpowered ana locked up Al
the time SIX 10 dozeh soiu.eIs were
present anu pis cro"" VI eNh'"h'
had gathered.
Ihe DEFENSE onereu no e'iuence anu
MIR. Kinney submitted .he ease Win
out argument Inc SITUATION ureW
iorth announcer drastic Spleen irohi
the Court Judge WILCOX saiu' -.
your attorney lor reasons pest
known 10 nimseii anu you, mas put IN