The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-03-08
TRYING 70 SAVE AWOMAN .NA|HE LIED 70 THE COURT
SAID HE HAD TO BREAK STONE
IN PRISON.
Warden Henry Offers Proof to the
Contrary and the Circuit Court Exon
crates Him-The Record

Ndlhe VINO was convicted of larceny
IN the circuit court yesterday and sen
fenced to one hours Imprisonment, /
now seem got his light sentence b,
imposing on his attorney and on thu
court. He told his attorney and tn,
court that he had been in Jail for fiv,
months awaiting trial and that foui
months of that time he had been com
PEELED to break coral with conyicts il
prison garb. On this showing the Iigh
sentence was given.
As soon as Attorney General Dole
heard of the matter he addressed the
following letter, dated March Z, tc
Warden Henry:
Il am informed that Naihe who was
convicted yesterday of larceny. stated
in court that, while awaiting his trial
he was compelled to work on the streets
and otherwise as if he were a convict
! serving his term. If this is true
think the censure of the court, as re-
ported to me, is just. If it is not true
justice to yourself requires that the
truth should be made known"
This morning Warden Henry replied
to the Attorney General as follows
In reply to yours of even date |
would state that there is no foundation
| Whatever for the statement made by
Naihe in regard to his being compelled
to labor as a prisoner serving sentence,
or otherwise, that it was by his own
request he was allowed to perform
some labor in and about the prison
premises, That he was not, at any time.
allowed to communicate or work with
convicted prisoners. The labor so per-
formed in and about the Jail premises
was only at his request and in the in
terest of humanity. Committed pris-
oners often ask permission to do labor
for exercise. The prison has no need
of such labor, as we have a sufficient
number of convicted prisoners to per-
form all the work required in and about
the prison The only cases where COM
mitted men have been allowed to work
are those in which they have come to
me and requested it. He was not
clothed in prison garb
All the foregoing can be verified by
persons employed about the prison."
Upon the opening of the circuit court
this morning Attorney General present.
ed this correspondence in open court
experimenting it with an oral state
ment, the prisoners detained awaiting
trial very often requested opportunity
to do some work for the exercise 1T
would give them and to relieve the
tediousnesS of time. In such cases
their requests was granted where prac-
ticable, and only in one case, and that
because the warden had not been no.
titled of an appeal taken had other
than convicted prisoners been requr-
ed to work.
II feel that this statement is due the
warden" said Attorney General Dole
in conclusion, land that your honor
will gladly accord justice to Warden
Henry"
In replying, Judge Humphreys said
that the statement of Naihes counsel,
and of Naihe when questioned by the
court was that he had been compelled
to labor for four of the five months he
had been in Jail The attorney repre-
senting the government in the case
Joseph p. Dunno, because of his un-
familiarity with conditions here had
been unable to show anything to the
contrary The court on this showing
had taken the opportunity to make
some rather caustic remarks about
such practice and the government that
permitted it, especially in view of the
fact that a case of the kind had pre-
Viously occurred, although by mistake
THE court very gladly bears testi-
mony to its knowledge of the kindli-
ness and humane sentiments of Ward
en- Henry" said Judge Humphreys,
'and is very glad that this matter has
been brought to the attention of the
court These papers will be filed and
made part of the records of this case
and of this court. AS to the sentence
imposed, the court does not feel itself
under obligations to make any explain
ations. But the matter having been
touched on in this way, it will merely
state that in fixing the sentence it was
guided as it always must be, by the
lights it had"
Mr.. Dole hastened to say that the
government took no exceptions to the
judgment and sentence of the court in
the case.