The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-11-23
THE JURY
>CONv|CTS
One Dollar Fine
for Malicious
Injury.
BURGLAR GETS
YEARS SENTENCE
Japs Threw Tin Cans and Fright
ened Mrs. AtcherIy's
Horse.


a house but the crime was frustrated
was sent TO the reef for a term of one
year by Judge Humphreys yesterday
morning.
In the afternoon two Japs convicted
of malicious injury Throwing two five
gallon cans at Mrs. Mary Atcherly, and
thereby frightening her horse. causing
it to run away, and endangering her
life) were fined one dollar each, the
costs being RENTED by the court.
The two Japs were named Ukioshi
and Mort, and the evidence showed that
they had been employed for some time
about DR.. Atcherlys house. 1t appear
ed that they were not doing their work
to the satisfaction of complainant, and
she had reprimanded them. An angry
discussion followed, and when Mrs.
AtcherIy started for drive that after
noon the defendants in this case. &C
cording to the evidence, were stationed
on either side of the road, and as the
buggy passed, they each threw a large
oil can at the occupant. Instead of
D
striking her the missiles hit the spirit
ed animal. and 1t ran away. 1t was
only by the rare presence of mind of
Mrs. Atcherly that an accident, with
probable serious injury, was prevented.
Both of the defendants made siren
Gus denial Of the charge, but it required
only a few minutes considerat ton on
the part of the jury before a verdict of
guilty was returned. Both OF the de-
PENDANTS were given an opportunity to
speak before sentence was passed. They
stated that they could not understand
why a verdict of guilty had been re-
turned and insisted that the jury had
made a mistake. They said also that
the verdict was incorrect and an injuS-
tice and they didn't understand il at
all.
The court in passing sentence told
the prisoners that the jury did not find
them guilty of not working for Mrs.
Atcherly Il will not undertake to pun
ish you for what might have happen
ed, said the court, though Mrs.
Atcherly might have been seriously in
jured. You both appear to be hard
working men. 1t shall be the sentence
of the court that you each pay fine
of one dollar. The costs viii be remit
ted"
The jury hearing the case was com
posed as follows: H. c. Bickerton, Guy
Livingstone, Alexander K. Aona, Ed
Benjamin r. Campbell, John l. Hans
man, Henry S. Swinton, Alex. g.
Nicholas, Geo. K. Kaia, John w. Davis
and James Kahalepua
During his argument to the jury
Deputy Attorney General Douthitt took
occasion to refer to the fact that in
some states men guilty of a crime such
as these defendants were charged with,
have been summarily dealt with.
Il want to express my disapprobation
of such summary proceeding, said
Judge Humphreys after the prisoners
had been sentenced. Il believe the low
lest man in the land has a right to jus
tice, and the practice in some communi-
ties of summarily dispensing punish
ment has done more to lower the stand
ard of civilization, and depreciate the
value of property in those states, than
any thing else"
FOUND GUILTY OF BURGLARY
Jose Feliciano was found guilty of bur
glary in the second degree at the morn
ing session and was sentenced to a term
of one year in prison. The defendant is
a Porto Rican, an unusually well built
boy. The jury which heard the case
was composed as follows: Edwin X
Blake, James K. Merseberg, John A
Noble, Charles f. Lake, Jonah X. Ma
kiia Haughton c. Bickerton, John w
Smithies Harry S. Swinton, George X
Kaia, Isaiah Bray. John L. Hansman
and David Motley.
DIVORCE BECAUSE HE PINCHED
HER.
Virginia de Sa asks a divorce from her
husband because he pinched her, though
this is not the worst charge made
against Francisco de Sa. Among other
things she alleges that 'libellees con-
duct toward her has been cruel and sus-
picious." that they had been for long
time maintained by her parents, and that
between the first day of June and the
first day of October. \. ID. 1901 AT the
request and solicitation of hbeliee, hbel-
liant hired herself out as an employee oil
the Sanitary Laundry at five dollars a
week. and that libeIlant though fully
able to work. refused TO seek employ
ment, but lived on the fruits OF her labor
until finally. seeing she was supporting
her husband in idleness. she left the
employment as an inducement for him
to desist from his idle habits.
She also alleges that he slapped her
face and whipped her severely with a
buggy whip that he accused her falsely
of adultery. that he was In the habit OF
"slapping. beating and pinching her
She also alleges that while in bed at
night he beat and pinched her and kicked
her out of bed upon the for. telling her
that was a good enough place for her to
sleep" Further charges Of similar ma
ture are made. The hearing IS set for
this morning at 10 o'clock
APPEAL IS WITHDRAWN.
In the case of Miswaa and others. as