The Hawaiian gazette., 1901-11-08
DISPOSE OF
SIX CASES
The Circuit Courts
Both Very
Busy.
OFrom Wednesday, daiiy)

disposed of in Circuit Court yesterday
There were two jury trials, one result
ing in acauittal, and the second IN a
conviction There We're two pleas ot
guilty and nolle prosequi was e"'e''N
in two cases
STOLE SIXTY CENTS.
w. Nilsson, "A freckle-faced, touslei-
headed youngster pleaded guilty ut
the opening of curt to the charge OF
larceny in the second degree. he sara
he was nineteen years OF age, naa
been born in Hilo, and was educated
at St Louis College. He said he had
five brothers and one sister, ana that
his father was employed by the RAPID
Transit Company. Deputy Attorney
General Cathcart stated that the crime
consisted in stealing sixty cents from
the Hawaiian Tramways Company.
How did you steal the money!
asked the court, while the spectators
awaited in silent expectancy the an
swer which was to tell how the fares |
had been knocked down.
II didn't steal II at all, was the
surprising reply.
But you pleaded guilty.
Il just took the money from passeh-
gers"
And forgot to turn it in added the
court
That was the way.
sentence of five days III jail at
forwards changed to fine of ~ ana
costs as the court stated he did not
wish to stigmatiZe the defendant py
term in prison. The fine, and costs
amounting to 81. go We're paid and the
boy was released.
ALSO KNOCKED DOWN FARES,
Noah Kalua. charged with a similar
offense. also entered plea OF Suiity'
withdrawing the plea of not guilty
previously entered. He confessed To
getting the better of the Tramways
Company to the amount of S25o ana
was also fined 81 and costs, Which
amount he paid
All UN GETS YEAR.
Immediately upon the opening of the
afternoon session the case Of An un.
alias Tong Ing and few other aliases,
was called He was charged with the
larceny of harness and the stolen
property was brought into court ana
exhibited to the jury. Peters defended
the prisoner and Douthitt appeared Tor
the prosecution. The evidence was
strong against the defendant, and Il
previous bad record in the lower courts
also hurt his chances with the jury.
The following jurymen were impanel-
led to hear the case: Alex Aona, Guy
Livingston, John S. Andrade, James NJ
Sims, Joseph Richards, James n; k;
Merseberg, John w. Smithies, ED
woodward, John A. Noble, Benjamin
r. Campbell, Henry $. Swinton, Ruby
A. Dexter.
The Jury was instructed and retired
at 4 o'clock and shortly after cam'
into court again and asked FOR furthe,
evidence on a certain point. The cour
informed the jurors that as far as they
were concerned the case was closed
and they were to pass only upon wha'
had been heard by them. Then 1t was
stated by the foreman that an agree
sI,nN tha
court gave instructions for the care ol
the Jury during the night, telling Bail
III Hopkins to take them to dinner al
o'clock, and IL no verdict had beer
reached by II o'clock, to put them al
the Hawaiian Hotel for the night. The
bailiff was also instructed not to per
nit the jurymen to use intoxicating
liquors. The foreman thereupon re-
quested that the court allow them ff'
teen minutes before "a final adjourn
ment, and they We're told that cour
would be kept open for that length o.
time.
The prospect of night in the jur!
room very likely had IL softening effec
on the obstinacy of some of the jurors
for after an interval of but hNe MN
utes, an agreement was announced
The jury was then called into tn
courtroom and the verdict OF Suil'!
read.
All Tn was Immediately called be
fore the bar and sentenced to one yea
in prison. He has been confined since
March awaiting hearing, ana pein'
unable to furnish bail, The court, II
passing sentence, said in substance
ANY other verdict than that returned
by the jury in this case would haf
been an outrage on justice, for no san
man could have heard the evidence an'
the statements of the defendant AM
said he was not guilty, The fact tina
YOU have once before been arrested 70
larceny, and convicted of vagrancy AM
gambling show a desire on your par
to avoid honest toll. | do not belleN
you are too feeble to work, and you
conduct indicates that you are mai
of average intelligence. | will take int
consideration that you have alread!
been imprisoned seven months, other
wise l should have been inclined Z
give You the limit. 1t will be the judS
ment OF the court that you be impris
oned in Oahu prison for the term q
one year, the sentence to begin thi
day"
STEWART CAN'T GET HIS FEE.
There was a novel miX-up yesterda
afternoon in Judge Gears court owe
the attempt of II. McCants Stewart [
secure a fee he claims to have earne
as counsel for T. b. Cummings. Firs
Stewart tried to compel j. \. Magoo
10 pay the money to him, he being IN
attorney for Cummings, but this efoI
was unsuccessful, as Magoon disclian
ed responsibility. Baffled in the tirs
attempt, Stewart then applied for a
order to have MagOon TO show caus
why he should not be punished f.
contempt in failing to pay the fee {
$3.50 which ii was alleged that Gun
mings was willing to do. This was ais
filed, and yesterday motion was mad
TO have Magoon show cause why h
should not repay into court the sum {
S7l1.70, which had been paid to hil
for II. B. Cummings as the latter
share OF his fathers estate. Then
curious mix-up followed. Magoon sa
he didn't have the money; that
had simply drawn 1t out upon order
the court, and paid IL to F.. Wundei