The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-09-05
RILEY IS
PUNISHED.
Sentenced to l8 Months
Imprisonment.
FULL LIMIT OF THE LAW
No Decision in the Edwards Case
John S. Andrade Must Pay
Alimony.

John Riley. the negro charged with
maltreating Alice Gay. the thirteen
year-old child who once lived on Sum
ner's Island. was convicted by jury
I yesterday. and was sentenced to eight
cen months Imprisonment at hard la
Dor by Judge Humphreys. Riley was
given the fun limit of the law. The
prisoner took his sentence coolly. The
case was tried at both the morning and
afternoon sessions before the following
jury: c. B. Ripley. foreman; II. G.
Biart. r. A. Dexter. r. s. Cunha. Chas.
S. Crane. F. II. Armstrong. w c. wild
er. Jr.. Jacob Lando. II. w. Green. F.
w. MaKinney. j. II. schnack. G. z.
A. Thrum.
Shortly before 4 O'Clock the jury re-
tired to discuss its verdict. Twenty
FIVE minutes later they announced that
a decision had been reached and came
back to the court room. Foreman Rip
ley handed Judge Humphreys the YER
/ dict, which stated that the jury. with
out a dissenting vote. found the defen-
dant guilty as charged in the indict-
ment. Attorney Strauss who represent
ed the negro moved that the jury be
polled. Judge Humphreys gave him
the privilege of polling the jury person
ally IL he saw fit to which the attorney
dissented stating that he wished an or
der from the Court to that effect. Up
on the Judges statement the attorney
withdrew his request and the jury was
discharged. Attorney General Dole
moved that sentence be imposed forth
with. and no objection being entered by
counsel for the defendant. Judge Hum
phreys said: The judgment Of this
court is that you be imprisoned at hard
labor at oahu prison for the term OF
eighteen months which is the full limit
Of the law"
The principal witness for the prosecu-
tion was Alice Gay whose story Of the
affair is well known to the public.
ORDERED TO PAY ALIMoNY.
Judge silliman, upon reading Of the
motion OF libellee in the divorce action
OF John s Andrade VS.. Adelaide An
drade. has ordered that the libellant
pay unto the said libellee the sum of
$50 for each and every month during the
tendency OF this action. said payments
to be made in advance. The first pay
ment was ordered paid on yesterday
II was further ordered that the matter
OF counsel fees be continued for con-
sideratiOn and determination until the
final termination Of this action.
LAZARUS ESTATE.
John s. Walker executor OF the estate
Of Joseph Lazarus. by his attorney
Davis a. Gear. has filed bill OF excep
tons to the order. judgment and decree
OF Judge Humphreys. and appeals Z
the Supreme Court generally from tn
findings OF fact, and especially from tn
findings as to the payment BY the sal
John S. Walker OF interest on 1880
and from the finding that there wa
$40 in cash in the safe of the sal
Joseph Lazarus and from the hndin
and order of the Court requiring tn
executor 20 pay the sum OF 800 TO tn
master out OF his (Walker's) commits
siOns. a further appeal is take
on against the decision Of Judge Hun
phreys sitting in probate, which wa
De- ordered as an oral decision from I'll
bench on the 24th day Of August, 100
. as well as to the refusal Of the sal
Judge TO confirm the masters repoi
= and accounts as amended. and as
A the finding OF the master as to the cas-
-S3lO-not in the inventory.
Judge Humphreys has made the 10
lowing notation on the bill Of exception
as follows:
This document was presented to n
at chambers this first day of Sep
y 1900. ] know Of no law which provid
for exceptions TO a decision. order
y decree OF a Circuit Judge at chambe
y In matters Of probate. IL the dOcume
y Is intended 10 bear appeal the rig
y cannot be granted. enlarged or
= minished by any act OF mine. In 9th
d words. an appeal need not be allow
by the Judge. nor can Il be denied
4 him"
= DOWNING CASE SET OVER.
The Downing murder case. seco
degree. two assaults with dead
weapon. has been set over until ne
y term by consent Of counsel. Attorn
General Dole moved for the order. a
attorneys Creighton & Strauss agree
MANUEL PHILLIPS DISCHARGE
r. In the case OF Manuel Phillips. char
ed with soliciting. attorney Creight'
when the case was called, moved II
the defendant be discharged on |
ground that the sentence was illei
=. and void. and because the statute. l
der which he was convicted was I
se' constitutional. because in that IL p
nen vided an extra penalty for hack driv
o. which did not apply to any other eli
la of persons convicted OF the offense. ]
un- motion was granted and the defends
81 ordered discharged.
seh Judge Humphreys in discussing
MIR constitutionality of the statute h
- that where one part OF the statute v
=. unconstitutional and the rest cons
tutional and the unconstitutio
part could be eliminated. u
70 must hold that the statute. so far
re. constitutional. was valid and in
The force. but that the Court Of hig
~" jurisdiction could not segregate the
,per constitutional from the constitutio
zm- part OF a sentence Of a lower court. {
g. therefore held the sentence In this c
void
g. LAWYERS TO kauai.