The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1900-08-24
KANE GOT Twenty YEARS
SENTENCED FOR RoBBING TONG
SING.
Court Was Asked to Give Defendant
Life But Ordered Shorter Sentence
With Hard Labor Instead.

George d. Gear made an earnest plea
before Judge Silliman yesterday to
have a rooster decapitated in court OF
else to be allowed to break some china
saucers but the court who was sitting
for Circuit Judge Humphreys denied
the somewhat startling request and
decided that no matter now sweeping
the reforms of his colleague might have
been, the customs of the department
had not been changed to include
roosters and chinaware. Mr.. Gear
noted an exception.
The cause for this request upon the
part of the attorney was the examina-
ton of Tong Sing the Chinese hack
driver who was appearing against Kane
the native who was on trial in the cir
cult court, on a charge of having beaten
and robbed Tong on the Tantalus road
somewhat over month ago. Kane is
the same defendant who caused Judge
Humphreys so much trouble to find him
counsel but whatever might have been
Mr.. Gears disinclination to take the ap-
pointment, he showed a disposition TO
defend the prisoner in every possible
way.
When Tong Sing entered the court
room to take the stand against Kane,
the Chinese hobbled along on crutches
and presented distressed appearance
for the broken leg and severe handling
which he had received at the hands OF
Kane were still in evidence. The Chi
neSe was about to be sworn when Mr.
Gear raised an objection and asked to
be allowed to question the witness upon
his conception of an oath. Tong Sing
was then required to divulge his views
upon matters religious and to tell in de-
tail of his belief. 1t was developed that
the Chinese's belief in the existence of
gods was liberal enough, but his mind
was not so clear when asked to name
some of the gods in whom he believed
Mr.. Gear said that as the Chinese was
not Christianized and did not appreciate
the nature of the oath which was to be
administrated, he asked that an
oath which the Chinese would I'm
derstand, be administered instead. The
attorney had heard that swearing a
Chinese over either a decapitated roos-
ter or broken saucer was regarded
as binding by that race. The court
overuled the objection and administer
ed the usual form of oath after which
Tong told the story of the rough usage
which he claimed to have received al
the hands of the defendant
| After hearing the evidence the jury
returned verdict of guilty. This morn
ing the defendant appeared for SEN
tence before Judge Silliman, Judge
Humphreys being also on the bench
Mr.. Gear made a motion for a new
| u i1l, upOu statutory BTOunuS. lnlS was
tdenied and then Deputy Attorney-G Gen
eral Cathcart addressed the court and
urged that the defendant be given the
| limit. The crime of which he had beer
convicted was brutal and cruel one
and the defendant should be held tC
account. The deputy attorney genera
asked that the man be sentenced to be
confined in prison for the term of his
natural life.
| Mr. Gear made an aDpeal for clenen.
cy. He said that while the circum.
stances connected with the offence OF
which Kane had been convicted were
brutal there had been nothing Offered
in the evidence to. prove that the mar
had taken the money from of which HI
was accused. The attorney wanted his
client to be given q chance. There was
good in every one, no matter how deeI
it might be buried, argued Mr.. Geal
and he felt sure that there was som,
| good in his client. A mitigation of sen
tence was asked for If all hope was no
taken from the prisoner there was still
a chance of the latent good being de-
veloped and a reformation accomplish
ed.
The court asked Kane if he had an!
thing TO say for himself. The defend
ant shrugged his shoulders and replied
through an interpreter that he denied
all knowledge of the Chinese or tn
crime. Kane was then asked his ag
and whether he had a family. Upol
being informed that Kane was "a year
of age and had no wife but some broth
ers and sisters. Judge Silliman senten
ced him to prison with hard labor 70
twenty years.