The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-11-27
REFUSES To
SENTENCE
Novel Question in
the Case of Jap
Father.
EITHER CRAZY
OR GUILTY
Criminal Proceedings Before Gear
humphreys Hears
Chambers Matters.

Is a man who kills his child to pre-
vent it from starving to death answer
able to the law for the crime? This in
teresting question was raised in Circuit
Court yesterday morning, and it was so
much of a puzzler, that Judge Gear
was unwilling to pass sentence from
! the fact that he had already studied
the case, and was probably biased to
some extent. For that reason the ques-
ton is to be passed upon by Judge
Humphreys.
Furaki Kasabro. the Japanese who
strangled his infant child a few weeks
ago and then gave himself up to the
police, is responsible for the interesting
question raised yesterday morning, by
entering a plea of guilty in Circuit
Court. The Jap was indicted by the
grand jury for the crime of murder in
the first degree. his crime having been
peculiarly atrocious one. Discouraged
by the fact that he had been without
employment for weeks, and seeing no
way of providing food for his wife and
children, Kasabro took his two small
babies to the mountains, and strangled
the younger a mere infant For some
reason he did not complete the diaboli-
cal plan which his diseased mind had
formulated The police first learned of
the crime when the Jap came to the
Police Station house carrying the body
of the murdered infant in his arms.
He was promptly placed under arrest,
and made no denial of his guilt. stating
simply that he had no work and rather
than see his children starVe to death,
he wanted to kill them.
At the opening of the present term
of court Kinney. Pallou and McClana-
han appeared for the prisoner and he
entered plea of not guilty. In Circuit
Court yesterday morning Deputy At
torney General Cathcart stated that the
defendant wished to withdraw the plea
of not guilty and enter a plea of guilty
to the charge of mansIaughter In the
first degree. He stated that a jury
would hardly find the defendant guilty
of a higher degree Of murder and re-
quested that the man be sentenced at
once.
The prisoner was called before the bar
to receive sentence when Judge Gear
stated that he could not impose punish
ment upon such a man under the cir
cumstances. 81 don't like to pass upon
a case of this kind" said the court,
this man must have been crazy or ne
would not have committed such a
crime 1t does not seem possible that
he is guilty of such an atrocious crime;
if he is responsible he should be hang
ed. if not he should be let go. A man
who would strange his child as this
defendant has done is either guilty of
murder in the first degree. or else hope
lessly insane, and irresponsible. 1 don't
believe I can accept a plea of guilty of
manslaughter in the first degree in this
case, and prefer that it be taken before
Judge Humphreys. 1 have ascertaned
certain facts in connection with this
matter. that might influence me, and
would therefore prefer not TO pass SEN
tence upon the defendant"
The case will very likely be called
up before Judge Humphreys today.
Mr.. Cathcart stated to the court, that
there was no element of anger or
malice in the crime. that the defendant
simply thought the child was better
off dead than alive, and so killed it.
DOUGLAS HIS OWN ATTORNEY.
Alex Douglas, the negro found guilty
of assault and battery. was sentenced to ,
Jail for fifteen days by Judge Gear yes /
terday. When the court asked the de- {
PENDANT If he had anything to say why !
sentence should not be passed the prison. /
er pleaded his own case like a veteran !
He went into the question of /
reasonable doubt very fully, and also as !
to what constituted self-defense. Il was /
just going through the crowd" said |
Douglas when this man attacked me, }
and I went for him. wasn't bothering /
him until he started after me. I'm not /
no tramp, 1 am a hard working citizen; |
and when 1 work I save my money"
Have you got enough saved now 10 !
pay a good stiff fine asked the court.
II could pay small fine" replied the /
defendant
How much have you got saved up?'
Il only got a dollar in change" grinned /
the negro. Il have some friends that |
might help me out, and would like to get
a light fine if ! could"
The court imposed a sentence Of fifteen
lays, and cautioned the defendant
against the too common practice of his
race, in using knife.
GET A LICENSE OF HIS OWN.
In the case Of Furusha. charged with
selling liquor without license, the court
imposed a fine OF zone hundred dollars
and costs. The sentence Of the police
court had been two hundred dollars.
The court suggests that you go over
10 the executive building and get Ii
,ense. Tell the treasurer that the court I
sent you. 1t would seem that there Is
IN election a fair in progress here
rom the number OF banners on every
street announcing . saloon concluded
Judge Gear.
In the case of William Kalahiki. charg-
d with the larceny of clothes from the
-ity Sanitary Laundry. the jury brought
n verdict of not guilty. This case &C
.upied the attention Of Judge Gear all
lay. The clothes shirts underwear. etc.
alleged to have been stolen from the
aundry. were on exhibition In the court
Dom as evidence. The following jurors