The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-03-01
GOES, TO
JAIL.
Charles Heffernan
Given Six
Years.
DECISION IN THE
RAWLlNS CASE
Executors Under Will of Michael
Mclnerney To Be Dis
charged Now.
=. HARLES HEFFERNAN was SEN
fenced yesterday by the First Cir

fenced yesterday by the First Cir
/ a cult Judge to spend the next six
years of his life in Oahu prison
for passing forged writings. The con-
victed man can thank Deputy Sheriff
lChillingworth that he was net COM
PEELED to pass double that period of
time behind the bars for assaulting
that officer with a weapon with intent
to commit murder.
Heffernan is the man who fraudulent
Ely negotiated and put into circulation,
as true and genuine, forged writings,
namely, bank checks, purporting to be
made by one William Goodness, with
the name of William Goodness thereon
written and forged, and purporting to
be drawn on the bank of Bishop &
Company The checks were false in
every particular. One was dated at
i Honolulu. October 10. 1900, for the sum
of $75 in gold. The second fraudulent
check was dated September 3, 1900 for
s75, payable to C. Heffernan. True bills
of indictment We're found against the
prisoner by the Grand Jury on Febru-
airy IA, 1901
He pleaded guilty yesterday before
the First Circuit Judge and was SEN
fenced to five years imprisonment at
hard labor on the first indictment and
one year on the second Indictment, the
second term to commence at the ex-
piration of the first sentence.
AS to the charge of assault with
weapon to commit murder upon the
a Deputy High Sheriff, nolle prosequi
was entered by the prosecution. The
attempt upon Chillingworth's life was
made on the night when Heffernan was
arrested for forgery. Both were seat
ed in a hack which was being driven
to Oahu prison, where Heffernan was
to be confined. Near the Oahu railway
depot Heffernan had the carriage stop
ped on a trifiing pretext and poked a
loaded revolver into the Deputy High
Sheriffs face. The latter never WINGED
and after some parleying threw Hef-
fernan off his guard, caught him by
the throat and wrenched the weapon
from his hand, luckily without serious
results to the officer. 1t was the mar
rowest escape Chillingworth has had
since his police career and only his
indomitab1e nerve prevented a tragedy.
The Supreme Court by Justice Per
Iry, has rendered decision in the case
of T. w. Rawlins vs.. Mahaea K. Har-
bottle and William Harbottle in favor
of the plaintiff by which the plaintiff
is to have the possession of certain
land in Palama, claimed by the defend
ants as q. life estate. The syllabus
says: IAN instrument wherein were
three clauses, by the first of which a
life estate in a certain parcel of land
specifically described was conveyed,
and by the second and third of which
tone-half of the income of certain other
! pieces of land was secured to the par
ties named for life, contained a sue
Iceeding clause reading as follows: And
these pieces of land above described.
the rights and benefits therefrom. is
what I do now convey to NJ. K. Harbot-
, tie and w. Harbottle, her husband. for
their lifetime, and et their death all
these things shall revert to me and my
/ heirs, and this instrument shall become
null and void Held that the latter
clause was merely a habendum, and
did not convey a life estate in the land
described in the second clause.
Held that the grant for life of one
half Of the income of the land set forth
, in the second clause did not, as matter
! eff law, carry with it grant for life
Of one-half of the land itself or the
right of possession thereto"
The case was tried by jury in the Cir
cut Court, the findings being for the
plaintiff, and came to the Supreme
Court on exceptions. The question in
the case was solely one of the con-
struction of the instrument by which
the land was conveyed to the Harbot-
ties, the material portions of which,
: translated, are: Therefore. do make
. and sell and convey and relinquish the
things described below. and in accord
ance with the agreement of. both par
ties Rawlins agreed first to convey
to them for their lifetime certain
portion in the piece of land awarded
: to Rawlins by Royal Patent 100, stu
ated at Kapalama, Honolulu.
The court says that the portion of
the land which it was agreed should
; remain in the possession of the defend
ants, was clearly described by metes
and bounds. Had 1t been understood or
. intended that they were to have pos
! session of another portion of the land
/ it would be natural to expect that, too,
i; would have been similarly describ-
ed and that the conveyance would
J have been expressed in equally clear
i; language. The exceptions were over
/ ruled
] William Smith, charged with assault
{ ulo or Atalani, a public police officer. by
!. striking. beating and wounding him IL,
/: the discharge of his duty. was found
I: not guilty in the Circuit Court yester-
!. day morning. T. McCants Stewart for
/: defendant.
; John S. Antoine, who is suing W. r
!; Castle for an accounting. has filed an
/: exception to the report rendered by
I George Lucas, master, on the ground
! that the master declined to allow plain
: tiff the sum of 81. 900, claimed by plain
n tiff to have been paid to W. r. Castle
s on or abou. October 7. 1891. The plain
D tiff asks that in every other respect th-
said report be confirmed.
The First Circuit Judge yesterday
rendered a written decision in the Jury
waived impounding action brought by
n. II. Parker, ct al. VS.. =. K. Bull
in favor of the plaintiff. 1t was. stinu-
Hated nv cnuusal that fhA avfdaurA In