The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-11-13
is DAY OF
JUDGMENT.
Gear Sentences
the Guilty
Ones.
ALL TELL HARD
LUCK STORIES
Humphreys Hears Larceny Case
and the Jury Views the
Scenery.

1t was judgment day in the Circuit
Court and five prisoners were sentenc-
ed for the crimes of which they had
been adjudged guilty. II was a great
day also for hard luck stories. and
hardly a prisoner who was sentenced
but what was i'll or too old to stand
the severity of term in prison.
Kamalu, the native convicted Mon
day of the crime of rape. was the first
man before Judge Gear. He received
a sentence of ten years in Oahu prison
at hard labor with an additional fine of
s25 and costs. The court scored the
defendant in passing sentence.
Albert Peyser, who ended up spree
by committing a series of small forg-
cries. got off with a light sentence,
with the understanding that he would
leave the territory upon its expiration.
He entered a plea of guilty to two of
the offenses charged and in the third
nolle prosequi was entered by Deputy
Attorney General Cathcart. Attorney
Brooks appeared for defendant and
made a pressing plea for leniency, cit
ing various mitigating circumstances.
namely the trifing amount obtained.
the fact that the crime was committed
while defendant was under the influence
of liquor and also of his offer of restitu-
ton, which his attorney said would be
that the defendant had been in prison
for several months. and was very ill.
so that it was impossible for him to
do any hard work He asked that
fine be imposed in lieu of Imprisonment
and arrangements would be made to
pay it.
On the charge of gross cheat, giving
worthless check on Bishop & Co. TO
Charles David, the court imposed SEN
tence of 500 and costs. For passing
forged check upon Bishop & Co. for
$50 the court imposed a sentence of ten
days in prison and a fine of $780, Pey-
ser had been sentenced to six months
Imprisonment on each of the charges
in the District Court. He will pay the
fines assessed against him, and leave
the islands upon the expiration OF his
sentence.
In the case of PaIenapa, who was on
the Jury was dismissed the defendant
having withdrawn his plea of not
guilty, and pleaded guilty. The court
was about to let the man off with
light sentence as the amount involved
was trifIing when Deputy Attorney
General Douthitt called his attention
to the fact that the man had twice serv-
ed terms in prison for similar offenSe-
With the remark that the man was
professional larcenist" the court i'm
posed a sentence of. one years impris-
onment at hard labor, stating at the
same time that he did not like to do ii,
as it imposed a burden on the COM
munity as well as the defendant.
Joe Mendes, a patriarchal Portuguese
with grizzled hair, was allowed TO go
under suspended sentence He is seven
ty-nine years of age, according to the
statement made by his attorney, and
his offense-running an Illicit distillery.
was committed only because he could
find no other way to support himself.
He alleged that his friends had all de-
serted him in his old age and want, and
that besides the clothes on his back he
had no other earthly possessions. 1t
was also pointed out that the Federal
authorities were liable to nab him
when he was released by the Terri
tOrial authorities. and that he. was i'll
and too infirm to work a hard labor
even if sent to the reef Upon motion
of the Attorney General, Judge Gear
suspended sentence until the next
August term. stating that If he had
been younger man a heavy penalty
would have been inflicted. Carvaiho,
who was arrested with this defendant
was released upon the Attorney General
= Gra ted
that he was ignorant of the offense and
did not know that il was against the
law.
In the case of George Kailiuli plea
of guilty was entered to the charge of
distiIIing liquor. The court asked the
defendant how much of a fine he could
pay. and he replied that he had no ready
money. but would try to raise the
amount of the fine. He said also he
had land, but his wife owned it.
His attorney asked for leniency, stat
ing that he was i'll and unable TO do
hard work. The court imposed a SEN
tence of nine months at hard labor and
800 fine.
\ nolle prosequi was entered in the
case of Sing Chock. charged with assault
and battery.
CAN'T GET GRAD JURY MINUTES.
Judge Gear vest lay morning denied
th. motion of T. A.cCants Stewart that
he be allowed access to the grand jury
minutes in relation to the Indictment re-
turned against William Davis The
Court held that this privilege could be
allowed only under extraordinary cir
cumstances, and there was no showing
Of that kind in this motion.
JURY TRIAL BEFORE HUMPHREYS
Judge Gear adjourned court at Il
O'Clock. announcing as he did so that he
was to leave for Hawaii. to be gone
until Sunday, as it was impossible for
more than one Circuit judge to sit while
the Supreme Court was in session
l., the afternoon Judge Humphreys &C