The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-09-06
CRIMINAL.
CALENDAR
Taken Up Yester-
day by Judge
Gear.
THREE CASES
DISPOSED OF
W. h. Thone Found Guilty oi
Assault With a Deadly
Weapon.

Judge Gear disposed of three criminal
cases yesterday and assisted consid-
erably in relieving the congestion of
the court calendar. In the morning the
trial of Territory VS.. Thone was COM
menced, and the jury brought in YER
dict of guilty, within ten minutes after
leaving their seats.
Thone is a big husky fellow and was
accused by his father-in-la with hav-
ing assaulted him with deadly
weapon. The ease was prosecuted on
behalf of the Territory by d. w Dout-
HIT and S. F. Chillingworth defended.
Albert schaeffer the complainant, was
the first witness. and testified how he
had been chased from the house by de-
PENDANT with revolver.
DO you know this MANI asked Mr.
Douthitt
Yes said the witness, he's ny
wife's son-in-law.'
well now what did your son-iii law
do?"
HE isn't my son-in-law,' corrected
the witness. hes my wffe's son-in-
law"
How long have you known him y
Only six years; since he married my
daughter"
The witness then went on to explain
|
My wife was calling the children to
dinner one noon, and when they didn't
come, / started to call. them, when this
man come up to me made some re-
mark or other and punched me in the
face. knocking me down. / started to
get up, and he punched me III the
stomach, and then 1 broke away and
ran. he coming after me with a water
pitcher / got away, and ran out OF
the gate with the children, and he start
ed after me. My son come home just
then and tried to help me, but my wife
took this mans part, so / tried to get
away. Thone then came after me with
a gun and fired four shots at me-
What did you do when he fired at
you?" asked the prosecuting attorney.
Il ran" answered the witness.
What did you do when he fired the
second shot?''
II kept on running"
And when he fired the next shot?"
II was across the creek by that time
and l stopped and held up my hat an6
yelled at him, that's a good target
shoot at that L WILL, he said, and fir
ed another shot"
Some very interesting sidelights were
thrown upon the family skeleton wher
Mr. Chillingworth cross examined tht
witness.
you referred to some woman as you
wife in the direct examination h,
asked, was this woman your wife,
Objection to the question was made anC
| overruled, and the witness answered:
II knew very we'll she was not my
wife, and told her so lots of tines
did you not deceive her into believ.
ing she was your wife, by bogus mar
riage certificate taken from the interior
departmert? %
Objection to this question was. sus.
tanned, and the witness not compelled
to answer.
rs it not a fact that you are under
bonds to keep the peace, in the Police
Court, for chasing the wife of this de-
PENDANT with a knife?"
Il am under bonds, but not for chas-
ing her. I only made her get outside OF
the gate
Other testimony was introduced tc
show that complainant was q man OF
quarrelsome disposition, and the de-
PENDANT was put on the stand on his
own behalf He admitted firing the
shots, but said it was not with the in
tention of injuring Schaeffer, but sim
ply to brighten him.
The case was given to the Jury at
three O'Clock and within ten minutes
the following verdict was returned:
I'VE, the jury, in the above entitled
cause, find the defendant guilty.
''P. c. JONES, Foreman
Judge Gear said that he would SEN
tence the prisoner at $3.50 o'clock this
morning, and he was allowed to go un-
der his old bond
The jury in the above entitled case
was composed as follows: A Fernan-
DEE, ], Kunewa, F. Harvey, Geo. Ke-
kauoha, p. c. Jones, NJ. P Robinson, H.
f. Bertlemann, B. F. Dillingham;, Joe
Fabian, w. A. Baldwin, j. A McCand-
less and r. w. Davis.
JAP CASE FALLS THROUGH.
The case against Masumi. a Jap,
charged with being unlawfully upon the
premises of Captain Johnson fell
through because of a technicality The
jury had been secured and sworn when
Attorney Chillingworth asked a dis
missal on the ground that the man had
been arrested and tried in the Police
Court, without a complaint having been
formally entered against him. Judge
Gear had previously held that all such
cases could have no standing in his
court, and consequently discharged the
prisoner and excused the jury. The Jap
had been sentenced to thirty days in
iai1 in tho "a nnp9IPd