The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1901-11-15

, made a pressing plea for leniency. cit
ing various mitigating circumstances.
namely the triiing amount obtained,
the fact that the crime was committed
while defendant was under the influence
OF liquor and also OF his offer of restitu-
ton which his attorney said would be
made in any event. He further stated
that the defendant had been in prison
for several months, and was very i'll,
so that IL was impossible for him 10
do any hard work. He asked that a
fine be imposed in lieu of Imprisonment
| and arrangements would be made to
pay it.
on the charge of gross cheat. giving
a worthless check on Bishop & Co. to
Charles David, the court imposed n SEN
tence of 800 and costs. For passing
n forged check upon Bishop & Co. for
$50 the court imposed a sentence Of ten
days in prison and a fine of 800. Pey-
ser had been sentenced to six months
imprisonment on each OF the charges
in the District Court. He will pay the
fines assessed aga!ns. him, and leave
the islands upon the expiration of his
sentence.
In the case OF palenapa, who was on
trial for larceny in the second degree,
the jury was dismissed the defendant
having withdrawn his plea of not
guilty, and pleaded guilty. The court
was about to let the man off with a
light sentence as the amount involved
was trifling when Deputy Attorney
General Douthitt called his attention
to the fact that the man had twice serv-
ed terms in prison for a similar offense.
With the remark that the man was a
professional larcenist" the court i'm
posed sentence of one years impris-
! onmcnt at hard labor, stating at the
same time that he did not like to do IT,,
as il imposed a burden on the COM
munity as well as the defendant.
Joe Mendes, n patriarchal Portuguese
with grzzled hair, was allowed to go
under suspended sentence. He Is seven
| ty-nine years of age, according to the
| statement made by his attorney, and
his offense--running an Illicit dlstillery,
was committed only because he could
| find no other way to support himself.
| He alleged that his friends had all de-
serted him in his old age and want, and
| that besides the clothes on his back u"
had no other earthly possessions. II
was also pointed out that the Federal
authorities were liable to nab him
when he WAS released by the Terri
toria, authorities, and that he was i'll
and too infirm to work at hard labor
even If sent to the reef. Upon motion
of the Attorney General, Judge Gear
suspended sentence until the next
August term, stating that If he had
been younger man a heavy penalty
would have been inflicted. Carvalho
who was arrested with this defendant
was released upon the Attorney General
entering a nolle prosequ! 1t was stated
that he was ignorant of the offense and
did not know that 1t was against the
law.
In the case of George Kailiul IA plea
of guilty was entered to the charge of
distilling liquor. The court asked the
defendant how much OF fine he could
pay, and he replied that he had no ready
money. but would try to raise. the
amount of the fine. He said also he
had land, but his wife owned 1t.
| His attorney asked for leniency, stat
ing that he was i'll and unable to do
hard work. The court imposed a SEN
tence of nine months at hard labor and
800 fine.
A nolle prosequi was entered in the
case Of Sing Chock. charged with ASA ult
and battery.
jCAN'T GET GRAND JURY MINUTES
Judge Gear yesterday morning denied
the motion of T. McCants Stewart tina,
he be allowed access to the grand jury
minutes In relation to the Indictment re-
turned against William Davis. The
lCourt held that this privilege could be
lallowed only under extraordinary cir
lcumstances. and there was no showing
lof that kind In this motion.
/