The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-05-27

ecution in the sentence and that H.. " a1&
cess OF the authority of the court ;s ~, me sas
that part OF the Judgment and senteno. 49,, ms %
court to render provided that the leo., -. 0sA
from the illegal The part of the Sentence en-. 90
authority of the judge is east " separabla 80 y
the sentence, and if it were necessary III, ~ ne
illegal part stricken from the sentence Coy
Sec. 1856, Civil Laws, 1897; Jackso, = /,
At; Gdrdes .. Q. s. 81 Fed Rep 10. ',
15a .. s., As; The People ., Boniud 80 y, ~
u. Poloaiea, IS Haw 335.
The statute authorized and makes = i
to pronounce the Judgment and sentence Of ts.G s
petitioner for the crime of which he had h.,
the verdict Of the jury, and to direct that ~,
be inflicted IN the manner provided by the s.s.,.
petitioner be held in custody until the penalty :.
The statute makes it the duty of the b;cb -
to execute the sentence of the court but provide. 4
not be done until after the death warrant 10, /.
Governor. The same duty rests upon the cor..
~ "0 90 "ooo upon tne court to prOnou,a
upon the high sheriff to execute the same w.
with the suggestion that the Governor mvbt ~.
by simply refusing to issue the death warrant \
within his right to prevent the execution IN On,
that is by the exercise Of the pardonng power h.,
the intention in requiring the issuing Of the d.s
give an opportunity and make it the duty Of ,ao
investigate all cases of capital punishment 50 thai
power would be exercised in all proper cases
In the absence of statutory provision relative ~
place of execution it seems that the common Low
prevail and that the time and the place Of eyeeu6,
left to the high sheriff ito do execution within
time"
So far as the record shows the motion for new NJ
in arrest of judgment were properly denied
The clerks minutes show that the petitioner u
on the 10th day of July, 1900, on an indictment rr
grand jury charging him with murder in the frt an
March 25th, 1900, in the district of Hamakal ID
Hawaii, he did wilfully and with malice afosthoaSa
murder Sokuda Nimezo, fellow countryman; that
to plead to this Indictment he stood mute, and that
ordered plea of mot guilty" entered for him nsT,
lied by statute. penal Laws, Sec $780, nt The !
informed the court that he had no counsel and heou
Thomas G. Ridgway, an attorney Of the hrpb DEL
That on Friday, the 18th of July, 1900 the case was
trial and a jury of twelve was called and sworn to y
toner; that witnesses were examined for the ImrT
petitioner was sworn on his own behalf; that the Hn
Territory and petitioners counsel addressed The jury
court charged the jury at p. m; that the jury as
crate on the verdict at 5:55 p. M; and returned
with the following verdict:
Owe, the jury in the above entitled cause IND
said Fugihara Oriemon guilty as charged"
(sieneA NV Hoxn,
That the jury was then polled and each Of Inc pNl
that that was his verdict That on July lith ne n
defendant filed his motion for new trial and u A''
ment, and that each of those motions was O'''T]
thereupon the Deputy Attoney-General nO's
and that the court pronounced the sentence nS'n'1
We are bound to conclude from the record OelV'
petitioner was legally and rightfully cOnVlc'su
Now that the day of execution named IL 'l'
passed. it seems, that its presence there can III ~
any right of the petitioner. But in order !" ave-
question of the regularity Of the proceeding Il :.
the greatest punishment known to the law :" 81
able that the petitioner should be resen'en''~ :,
done either in this court or in the circuit court
practice we prefer that it should be done IN 'nY
We therefore remand the record to the cn."
Fourth Circuit of the Territory Of Ha"ah 'n'
petitioner be taken before said court at resui~
thereof, and resentenced to suffer the pull'n~'
law for the crime whereof he has been guy ~
in the meantime the petitioner be kept III 'i''s