The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1901-11-15
XXI IS
ON TRIAL
Held for Death of
His Cell.
mate.
(From Saturdays daily.)

The case of Xxi, charged with man.
slaughter, was on trial all day yes
terday before Judge Humphreys. IT
was taken up Immediately upon the
disposition of ex parte matters, and
was unfinished when court adjourned
in the afternoon.
XXI is the native who is alleged to
have killed his cellmate, John Bombay,
while both were locked up in the city
prison May II of this year. From the
evidence introduced at the trial yes
terday the defendant was arrested ear
ly in the evening for drunkenness, and
later Bombay was brought in aud
placed in the same cell. A few hours
later the Jail attendants heard noises
from the direction of the cell, and up
on investigation they found Bombay
lying upon the floor and the defendant
jumping up and down on his face.
Bombay was taken out and removed
to Queens Hospital in an unconscious
condition, where he died eight or nine
days later. There is some question as
to whether or not his death was due
directly to the assault committed in
prison Deputy Attorney General
Douthitt is prosecuting, and the pris-
oner is defended by Charles b. Dole.
The following jury is hearing the
case: Edwin *. Blake, George X. kaia,
George w. Harrison, James X. Merse-
berg, Alexander X. Aona, John J.
! Hansmann, Charles d. Dudoit Jr., Ed
ward Woodward, Isaac II. Harbottle.
James NJ. Sims, William G. Rowland
and James Kapalepae.
BICYCLE THIEF PUNISHED.
In the case of Tin Soon. boy Of
Chinese-Hawaiian parentage, who
pleaded guilty to the larceny OF tSo
bicycles, Judge Humphreys imposed a
sentence Of one year in each case, but
| the terms of Imprisonment are to DE
! served concurrently.
| Tin Soon wept bitterly while the
court was passing sentence, and seem
ed much affected. One of the stolen
wheels was taken from in front o.:
Hall d Sons store, and belonged to
an employe. 1t was valued at $50. The
other bicycle was taken from in front
of Kawaiahao Church during the Nc
Kinley memorial service. Both wheels
were sold to Japanese for trifling sums.
The boy upon being questioned by the
court. said that he had been convicted
/ once before of larceny and released
upon payment of a fine.
1T is not so much the value of the
property stolen,' said the court. in
passing upon the case, las 1t is the
nature of the theft, which calls for n
substantial punishment In the from
tier towns horse stealing is looked up
on as a most serious offense, as neces-
sarily, horses can not be placed in a
safe place. 1t is the same with bicy-
Giles; they cannot be carried into the
house, and are left at the mercy of
dishonest persons. There ought to be
a severe punishment in this case, no:
only to teach you n lesson, but also
that others may profit by your expe-
rience."
Under the order of the court the de-
PENDANT will be released at the expira-
ton of a year, as the sentences run
concurrently
JURY RETURNS A VERDICT OF
GUILTY.
The jury in the case of Enoka,
charged with larceny in the second de-
gree, returned a verdict of guilty upon
the opening of court yesterday morn
ing, after having been out all night.
The courts Imposed a sentence of six
months in prison. 1t appeared from
the testimony that the defendant had
been convicted several times before of
a similar crime, and before he reached
his majority had severed a term in the
Reform Schol.
WOULDN'T CHANGE GEARS OR
| DER.
In a motion to set aside an order of
Judge Gear allowing an attorneys fee
of $50 in the Rhodes divorce case
Judge Humphreys refused to hear any
argument or take any action. Il will
not set aside any order made by Judge
Gear" said the court; IF l did he
would be just as likely to set aside an
order made by me, and while 1 could
reinstate 1t. yet he could set 1t aside
again as soon as my back was turned
| will not pass upon this matter a,
all, for by so doing it would only ere.
ate unnecessary chaos and lead to end
less confusion. In the meantime the
order as made by Judge Gear will OF
course stand
COURTS AHEAD OF APPROPRIA'
TON.
The Supreme Court and five Circuit
Courts of the Islands have already uset
up S12 ,OO0 or one third of the appro
priation made for their maintenance
during two years, though but foul
months of the time has passed. At the
rate the fund is being drawn upon nov
it will have been expended before the
end of the present year. The greater
portion of this amount, of course, weni
for the expenses of the Circuit Court
in Honolulu, as the expense for juries
has been unusually heavy because OF
the continuous sessions. There appears
no way out of the difficulty, though Il
the courts here followed the practic.
elsewhere, of excusing jurors not sit
ting on a case, when a long trial Ia II
progress, until they are needed again
n considerable saving might be effect
ed. The practice Of keeping juries or
unimportant cases for a night and sew
eral meals, also eats heavily into tn,
fund. as the bills which have so ful
ha tod ..ff hlN