The Hawaiian gazette., 1901-12-17
JURY WORK
At An END
Liquor Conviction
Concludes the
Term.
(From Saturdays dai,yD

Der term was concluded yesterday af-
ternoon in the Circuit Court aud the
petit jury was finally discharged after
having been thanked by Judge Humph-
reys for their long and untirins labor.
The extended term closes next NJ Dnday
and the finishing touches to the court
work viii be given today. The Grim
inal part of the calendar was unusually
heavy. but that part of the docket is
practically cleared of all except the
transition period cases.
LIQUOR SELLER CONVICTED.
Richard Kunst was found guilty of
liouor selling by jury yesterday af-
ternoon in spite of the instruction oil
Judge Humphreys ordering the jury to
disregard the testimony of the govern
inent as to people coming from the de-
PENDANTS place with liquor
In his ruling the court declared un-
constitutional Section 457 of the Penal
Laws of 1897. The decision, upon mo-
ticn by Deputy Attorney General Cath
cart for an instruction in compliance
with this statute which reads he de-
livery of any spirituous liquor timer by
the owner or occupier or by his or nor
servant or other person in the h'use or
Mace, shall be deemed to be sifiicient
prma facie evidence OF money o. othei
nsideration being given 'or s'ch sp''
ituous liquor, SO as to support =" coi'-
yicton unless proof to thr contrary Ne
given to the satisfaction of the jury.
The court held in a written opinion
that no statute makes 1t Illegal 10 give
away spirituous liquor in ones own
house and the enforcement OF TINS
statute would mean that man couiu
be convicted for giving liquor - SICK
neighbor The court then goes into a
historical review of the enforcement OF
laws on the plea of necessity. referring
TO the reign of Stuarts md Tud"rs ana
recited story of Virgil. when he
makes the common Sybil lead his hero
through his tabled hell"
In conclusion the court says, Under
the statute we are considering the de-
PENDANT is practically required to prove
his innocence The fact OF 'ersoh
gong mo nv" 80, ,,.it,, snir.
cent act pu' II he - io' t.
ituous liquor upon COMING ou'' d
is to be presumed, ana the owner VI
the house, who may have been mics
away-beyond seas. is presumed to be
guilty of selling
."rbe innocent act is established; the
c,nsaouences of guilt are not 'ound
-, ~, aha .via,rca Int are
st., ~, ,ho low r,,n the
i"Ste"eu ,,,oo,t .c. COW
Hi'p.' t va ,r ,,i,,,o, Of
not pr'hS isse'i ~
This doctrine ana oeiie.i"s inc
Unconstitutional, oeci'he " '"9'' w
under it..
The jury was instructed ana .etireo
shortly before three o'clock and Vt re-
,nired over two hours to reach an
,,adi,te,y moved for n new trial. which
So 20 va ,a,rd this morning at which
- ~, aaranao,, win ha sentenced
Wv -, ~ ,,.-,,,l,e,a &c ro,i,ys.
ne Jul. Na' " r,a,-a,,,,,
James hahalepu"' n 49,
Alex n. Aona, Alex u Nlcho"''' '"S
Livingston. George w. Harrisoh JOS
Richards. Harry S. Swinton, isaiah
Bray Edwin *. Blake. John l.. Hans
mann lanes x Merseberg.
,.>,,.,,rD
Sf'' hhEh-h ''D
Severe sentences were imposed by
Judge Humphreys upon WIN. savage,
Harry Juen and j. II. Schnack, iouhu
guilty of assault upon an old native wom-
an, while attempting to eVict her. saw
idgc was fined 800, while each OF the
other two men were sentenced to JAN
for terms of twenty days each without
hard labor. Notice of appeal was gwen
in each case and the defendants were re-
leased under bail, SaVldSe Sloo ana the
remaining two each $500 each.
THE testimony in this case. said the
Court. in passing sentence, tended 10
show to the satisfaction of the jury that
you are guilty of the crime charged ka-
makea was in possession of these prem
Uses under claim of title which she
thought was good The defendant
Schnack was out of possession, though
Al. al nd ri N
.Juen and Savidge to eyict the aged oc-
cupant. The woman failed to leave at
their request and they forciby seized
her and removed her from the premises.
The complaining witness in this case is
old and feeble, about ninety years OF age