The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-07-20
i
ss-
SEN TENCEO
Lennon andPeyser
Sent to the
Reef.

A Peyser was sent to the reef for
year by Judge Wilcox yesterday. There
were two charges of gross cheat against
him and one of forgery. For the first
two offences he was sentenced to six
months imprisonment in each case. On
the charge of forgery he was committed
for trial.
Attorneys Brooks, Thompson and
Strauss appeared for the defence.
In the first case Charles David of Wal
alua swore that Peyser had run up bill
at his roadhouse for 81 and had rendered
in settlement check for 40 On Bishop
q Co.'S bank. David stated that he mad
given defendant the balance of SIG In
cash. David then went to the bank ana
asked the cashier whether Peyser had
any funds He was Informed to the con-
I trary and did not attempt to have the
check paid.
The defense on the strength of David
testimony that he had not presented the
check moved for a dismissal. Attorney
Thompson contended that 1t had not been
preveis that Peyser had attempted to
defraud the witness. Had David pre-
scented the cheque the bank might have
permitted an overdraft and paid it. 1t
to prove gross cheat. to show that David
had actually been defrauded by de-
PENDANT, This. he said, had not been
done,
| The motion for dismissal was denied.
| In support of another motion to dismiss
! Attorney Brooks stated that he believed
the check was good and that he stood
ready to cash 1t provided the case were
dismissed.
! The sheriff said that he couldn't be
bribed with SIC to dismiss the case.
Judge Wilcox found defendant guilty
| and sentenced him to six months I'M
! prisonment.
| The other case against Peyser was
! that of T. Murakami, who claimed to
have cashed q check for $40 given by
Peyser on the bank of Bishop Co.
when defendant had no funds there. De-
! PENDANT was sentenced to six months
Imprisonment on this charge.
In the forgery case Peyser is alleged
to have signed the name of Kong San
Yuen Company to a check.
NJ E. Lennon charged with gross cheat
defended himself. In the first case he
was alleged to have given a worthless
check for 500 on the Bank of Hawaii
and to have defrauded J. McDonough
out of that amount.
Lennon entered a demurrer and asked
to be discharged on the grounds that the
facts alleged did not constitute an Of
fence. The motion was overruled and
Lennon refused TO plead Judge Wilcox
ordered a plea of not guilty to be en-
tered.
McDonough testified that some time
ago defendant borrowed SIS from him and
later on rendered him a check for 500
on the Bank of Hawaii receiving SIS
in exchange. When the check was pre-
sented witness was informed that Len
non had no funds. Evidence showed that
defendant had not had an account with
the bank within the last six months.
The case closed without argument on
either side and defendant was sentenced
to six months Imprisonment
In the second case Lennon was alleged
to have defrauded Manager Card of the
Moana Hotel out of $50 by means of
bad check on the First Bank of Hilo.
Defendant moved that the case be dis
missed on the grounds that the facts al
legged did not constitute an offence.
The motion was overruled. He then
asked for a discharge On the grounds
that person could not be deprived Of
his liberty without due process of law.
He claimed that no warrant or copy Of
any complaint had been served on him
and that he had therefore been wrong
fully deprived of his liberty. This mo-
| liOH WAS tlSO uenleQ anu Lennon refused
| to plead claiming that the court had no
jurisdiction over him as he had been
brought thither without proper process.
A plea of not guilty was ordered entered.
Card testified to having loaned defend
ant $50 and to having accepted a check
on the Hilo bank some days later in re-
payment of the loan. The check was
given to G. K. Wilder who presented it
at the bank, where he was told that de-
PENDANT had no funds.
Lennon was sentenced to six months
Imprisonment on this charge.
There was third charge of a similar
nature against defendant which was or
dered continued Indefinitely at the sug-
gestion of the prosecution.
Charles Clark and All Sam were fined
81 and costs and So and costs respective
ly for ARRAY.
The cases against Maria Saldina and
L. NJ. Bruhn alias NJ. Correa, charged
with having committed assault and bat
terry on Mrs, q. Tewksbury were dis
missed.
The case of Yong Kong Hung, charged
with false personation which was taken