The Hawaiian gazette., 1901-03-08

n
stealing two fve-cent cigars
n . from the shop of one All LeOng
| on Punchbowl and Queen
streets. last October, was yesterday
found guilty OF larceny in the second
degree. and sentenced by the First Cir
cult Court judge to two years at hard
labor at Oahu Prison, and to pay the
costs incurred.
The defendant claimed to nave ten
dored quarter OF n dollar in payment
of the cigars. but said that the cAinese
did not have the change, AID that the
money fell behind the counter. All
LeOng SAID that he received no money
In exchange.
When the verdict of the jury had
been read the court called the prisoner
up and pronounced sentence Uf a rlne
OF $1,000. to be served out at hard
labor in the prison at the rate of 80
cents per day.
AT this rate Haskell would have had
the price of nearly six years impris-
onment to have paid for his two
smokes. but the sentence was after
ward annulled by the judge, and an
other substituted. The court was ad-
1ourned after the original sentence had
been pronounced. but few minutes
later 1t was called to order again, and
the judge called up the defendant and
his attorney, Wade Warren Thayer
He said that he had been informed
that there was a loophole In the SEN
tenCe he had given, and had mad his
attention called to the fact that after
serving a year of the prescribed fine,
the prisoner might take advantage or
the debtors law and escape the rest
OF 1t through insolvency proceedings.
Therefore he declared the original SEN
tence annulled, and substituted that of
Imprisonment at hard labor in Oahu
Prison for two years. Haskell has a
bad record. and Is a dangerous charac-
ter.
INJUNCTION DISSOLVED.
BY the order of the First Circuit
judge. filed yesterday afternoon, the
temporary Injunction made February
25 against the Hawaiian Commercial
and sugar Company upon complaint
of the Waikiki Sugar Company. has
been dissolved. The order rerers to
the alleged obstruction of the Wailuku
river by the defendant company. and
the defendant is allowed ten days with
IN which to file an answer.
In his order dssolving the injunc-
ton the judge states that upon mo
ton of the defendant the temporary
injunction is dissolved said motion be
ing supported by atfidavits of II. p.
as well for the defendant a.
plaintiff being heard thereon, and up
on the affidavit of S. NJ. Ballou. filed
by the plaintiff the court was of the
opinion. upon consideration of the
facts disclosed. that the motion should
be granted. The judge stated that the
injunction enjoined and prohibited the
defendant from constructing ditch
under, through or across the par
cells named in the plaintiffs bill Of
complaint, known as the Opunui land,
or from removing stones or gravel
from said land, or from erecting any
in or upon the land until
the further order of the court, upon
penalty of being adjudged in contempt
thereof.
SNEAD GETS SIX MONTHS.
Private Snead. soldier of the Unit
ed states artillery, who was indicted
by the Grand Jury on February IL.
for stealing bicycle valued at $50
belonging to Elijah Peter Blake. plead
Il guilty to the charge in the Circuit
Court yesterday, and was sentenced to
at hard labor in Oahu
Prison for the term Of three months,
md to pay the costs incurred. Snead
las already undergone about three
months Imprisonment while awaiting
rial
WANT A $40, LIEN
Albert v. Gear and Theodore Ian
ing had an inning yesterday in the
natter OF suits against the defunct
daunalei sugar Company. AS the pro-
noters of the insovent company they
AVE been taking the fire or creditors
uits in a multiplicity of actions, ana
esterday they turned about and filed
bill asking for a $4,000 lien upon
he growing crops of the company
hat amount being the total Of various
ums alleged to have been advanced by
hem at various times to the COMPANY
he bill states that had the said sums
ot been advanced by them at said
ines, the company would have been
ompelled to suspend business, and
rays that said lien be declared upon
he property, to be paid out of the
roceeds of its SALE also, that some
uitable and competent person be pIac-
d in charge OF the growing crops MS
reditors. The Circuit judge appointed
:. McCants Stewart as the receiver for
he plantation crops.
COURT NOTES.
An answer of general denial wa.
led yesterday morning by the de
endant in the case of Keoni Ahupuuki
$. Lot X. c. Lane. Later an amend
answer was filed, stating that fraud
ense.
In the bill for foreclosure OF mont
age brought by Hoffschlaeger Co,
49, vs. r AKIN, tne FIRST circuit
ldge yesterday signed an order as
blows:
Upon the report of George Dunn.
sd, commissioner herein, filed this
IN day of March. 1901, and approved
y the defendant. 1t is hereby rlerod
nd decreed that the said report ana
ne accounts of the commissioner filed
herewith be approved; that the culn-
Missioner pay to the plaintifr the bal
nee remaining in his possession after
he payment of all expenses of sale,
lunsel fees and costs OF court, ana
nat he be discharged as such commits
oner and his bond cancelled"
5. Ozaki, who was convicted in the
district Court on March l, of having
'ected building in the city OF Homo
Ilu without permission In writing
ON the superintendent of Public
Iorks and sentenced to pay a fine
500, filed an appeal in the Circuit