The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-11-15
I'm NOVEL
DEFENSE
Xxi Doesn't Know
Whether He Did
or Not.
BOY FINED A CENT
BY HUMPHREYS
Chinese Who Sto,e Chickens Gets
Four Months Sentence
Court Notes.

A novel plea was set up by the de-
Tense in the case of KiI1i, charged with
manslaughter in the first degree. There
was no specific denial of the crime by
the defendant when he was placed on
the stand yesterday simply statement
that he did not know whether he was;
guilty or not-that he was unconscious
drunk, at the time Bombay was as
saulted, and consequently he was not
responsible for the crime. The defense
appeared to be effective though. from
the length of time it is requiring the
jury to decide upon the guilt or in
nocence of the man.
The defendant was the only witness
of yesterday morning. He testified tina :
ne was employed on the Lehua, and on
the day of the murder returned from
Molokai with cattle. After the ship
was discharged he bought a bottle Of
gin, and drank it with the assistance
of friend. He went home at about
nine O'Clock and upon the invitation ~
the friend started to get something to
eat. The fresh air made him dizzy, and
he became unconscious. He knew moth
ing further until the next morning
when he awakened in a cell at the
Police Station.
do you remember having a fight
that night?" asked his attorney, Mr..
Dole.
mo, sir"
do you remember Mr.. Chillingworth
asking you any questions?"
81 know nothing of what happened.
and heard nothing until the next morn
ing"
Did you know this man Bombay"
Il never knew him. had never seen
him. nor did see his dead body"
That ended the examination OF the
witness and Mr.. Douthitt did not avail
himself Of the privilege of cross-ex-
animation.
The jury was instructed after brief
arguments. and retired shortly before
noon.
After lunch the jury came into the
court room and asked that they be al
lowed to visit the cell at the Police
Station where the crime was commit
ted. The court refused to allow this
holding that the evidence was closed
and the verdict must be based upon the
testimony already before the jury.
At five o'clock no agreements having
been reached, the baiiiffs were instruct
ed to take the jury to dinner and re-
turn with them to the court mouse. If
no verdict had been agreed upon be-
fore ten o'clock the jury was to be
given quarters at the Hawaiian Hotel
for the night.
A FINE OF ONE CENT.
Probably the smallest fine ever imposed
in the local court was the one cent which
Antoine Baraboze paid yesterday upon
the order Of Judge Humphreys. The de-
PENDANT is a boy of fourteen. Portu
guese, and he pleaded guilty to the
charge of malicious injury. 1t seems that
the boy became Involved i'll petty fam
lily quarrel, and out of revenge, rode
away with the horse of a relative, Seve-
de- Eugene Lucca. Lucca was very angry
at TIE time, and had Baraboze arrested,
but after thinking the matter over, the
grand jury having indicted his young rel
alive, ne changed his mind and was will
ing TO drop the prosecution. In present
ing the case Deputy Attorney General
Douthitt asked that the sentence be sus-
pended. Judge Humphreys was unwill-
ing TO have the sentence hanging over
the boy, and imposed a fine of one cent,
the costs. ]. n. WAS, the
attorney for the defendant. furnished the
penny. which the boy promptly paid to
Clerk Kellett.
FOUR MONTHS FOR STEALING
CHICKENS.
All Wal, a Chinese, accused of stealing
fifteen pullets from a japanese, was
found guilty by n jury upon the first
ballot as to his guilt or innocence. The
jury which heard the case was composed
as follows: II. c. Bickerton, Jacob Ian
do. Ruby A. Dexter, John a Noble, II.
s. Levy. John NJ. Davis, Charles L. Lake.
Jos. Richards J. w. Smithies, Arthur n
Jones. Harry s. Swinton and Guy L-y-
ingstone. There was some difficulty In
getting a jury room and the matter was
finally settled by sending the jury to
Judge Humphreys chambers. Sentence
of four months In prison was imposed
upon the defendant. He must also pay
the costs, taxed at $3.50.
COURT NOTES.
A nolIe prosequi was entered yesterday
in the case of Oliver Kane. charged with
needless driving. The defendant is
tram driver and was sentenced TO pay a
fine of SIS by Judge wilcox.
Emalia Leahiu, a native woman, chars-
ed with the Illegal sale OF liquor, entered
a plea OF guilty, and sentence was sus-
pended until the February term.
Jury has been waived IN the suit or
All Hing VS.. All On.
An itemized account has been filed In
the suit of J. ]. Byrne VS.. Orpheum Co