The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-11-08
camp BELL
GOES FREE
lie Did Not Violate
Eight Hour
Law.
JURY WAS OUT
BUT TWO HOURS
Rodrieues Twice Sentenced to Six
Months-Mate Mcdonald
Gives Himself Up.


a The jury in tht case of the United
8 States VS.. w. NJ. Campbell, charged
81 with violating the eight hour labor law
:. returned a verdict of not guilty at five
D o'clock yesterday afternoon.
The trial of this case was resumed
at the opening of Federal court yes.
terday morning, the prosecution putting
on several witnesses who testified tc
seeing Japs at work on the cottage on
the naval reservation both at seven
o'clock in the morning and at five
o'clock in the evening.
At the conclusion of the prosecution
Attorney Robertson for the defendant
moved to instruct the jury to return a
verdict of acquittal on the ground
that there was nothing to show that the
the cottage for more than eight hours
and the government had failed to show
that one man even, had worked more
than that length OF time. AS a second
argument in support of the motion he
Icontended that the terms of the con-
ltract showed that this was not public
work within the meaning of the law.
| The court denied the motion stating
| that it was not the custom in United
States courts to take a case from jury,
when there was evidence for it to con-
slider.
No further evidence was introduced
by the defendant, and the attorneys i'm
mediately proceeded to argue to the
jury.
The jury was instructed about three
o'clock and at 4;3O o'clock announced
an agreement. Judge Estee had already |
left the building but was hastily sum-
moned, and the jury then called into |
court. Neither the defendant or his at
torneys could be found for some time, |
but finally Mr.. Pierce appeared. and by
agreement the presence of the defend
ant was waived. The following verdict
was then handed to the clerk and read
by him:
I'VE, the jury in the issue joined here
4
stands charged in the indictment.
JOHN ROSS, Foreman"
The trial of Ohta, the Japanese fore
man who superintendent the construction
of the cottage, was begun while the jury
In the Campbell case considering
outset, however, that the panel would
be exhausted long before a new jury ,
could be secured. In all. ten men were
called, and all but three were excused
either because of bias against Asiatic
labor. or against labor unions. The jury
was then excused until this morning, :
and the court ordered the clerk to draw | ,
a special venire of eight additional jur-
ors. to be present in court at that time /
None of the jurors who sat in the Camp {
bell case will be eligible in the Ohta I
case, as the same question is involved, :
and similar evidence will be presented. q
Z. B. McClanahan and II. A Bigelow =
are defending the prisoner t
WAS SENTENCED TWICE. a
Antonio Rodrigues. the Portuguese It
of adultery, was twice SEN
fenced to term of six months in prison =
yesterday morning, but he will have to
serve but one of the judgments pro-
by Judge Estee.
Federal Court opened at $780, instead
Of 10 o'clock as usual, which was the T
reason for the passing of a double SEN \
tence upon the prisoner. When Rod :
rigues was brought into court for SEN
tence neither of his attorneys were pres
emit, and the Court loath to pro-
nounce judgment in their absence; but
rs the defendant made no objection. he
imposed a sentence of six months in
Oahu Prison.
A little before 10 O'Clock Attorney
appeared and stated that he
had been given to understand that 10
o'clock was the hour fixed for sentence
do you wish. then that the defendant
De sentenced again." asked the Court
I'VE had some evidence as to his char
acter that we were DESTROYS of present
n" responded the attorney.
do you object to the sentence of six
months? The Court might increase it,
you know"
mo, sir; excepting that we intended
o be here when sentence was passed"
WAS the prisoner ordered here at 10
o'clock. Mr.. Clerk?' the Court asked.
Yes, sir"
Marshal Hendry was then ordered to
ring the defendant into court at 10
'clock again. and at the appointed hour
lie received his second sentence, the for
ner order having stricken from the rec
rds
His attorneys put Mr. Silva on the
tand TO testify to the previous good |
moral character and respect with which
he prisoner was held in the Portuguese
ebony and his attorney also spoke in
Us behalf, stating that he had known
ne prisoner for ten years, and he al
Fays bore a good reputation.
In passing sentence Judge Estee said:
This Court assumed that you were A |
nan Ct good character when the first
augment was entered. The extreme pen
Ity for this crime is three years in
rlson, but in view OF the fact that this
the first conviction OF the kind IN this
ouft' and that you ara q plain man.
nd was probably only adopting, the cUs-
pm OF some of the people who knew
etter had adopted, the Court viii not
you to Infamous imprisonment
on VIII be delivered TO the warden or