The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-05-24
MURDERER
MUST HANG
Supreme Court
Has Rendered
Decision.
1T SUSTAINS
JUDGE LITTLE
Fugihara Orieman, After Nearly
a Years imprisonment, Must
Pay Highest Penalty.

The Supreme Court yesterday rend
cred decision in the case of Fugihara
Orieman VS.. the Territory of Hawaii;
bordering that the plaintiff be re-sen-
ltenced to death
The Japanese was convicted of muir
der in the first degree at the July term
of the First Circuit Court at Hilo last
year, and sentenced to capital punish
ment.
In sentencing the prisoner Judge Lit
tie appointed September 81, 1900, as the
day of execution. A stay of execution
was granted under a writ of habeas
corpus, which was denied on it's return
Subsequently the case was appealed
to the Supreme Court on writ of err
4 ror. and was continued from the De-
lcember to the March term.
/ The opinion given yesterday of the
Supreme Court is unanimous, and is
written by Justice Galbraith. Seven
teen errors were assigned by the petit
toner in his writ, but only three OF
these We're argued. In regard to this
Justice Galbraith says: This court
4 cannot be expected to wander out into
the realm of investigation in search for
/ visionary errors or TO presume that er-
rors might have occurred in the course
of the trial"
One of the errors argued was mat
ter of the rules of court which the court
declines to consider, it not having ap-
lpeared in the original petition. Another
| ha oil m
grand jury returning the indictment
against petitioner was not drawn in
the manner provided by law, and was
therefore an Illegal body The COM
ment upon this is as follows:
The general rule is that the formah-
ties for the selection. organization and
doings of the grand jury are things
separable from the judicial jurisdic-
tions and other like fundamentals: so
that defendants can waive irregulari-
ties therein, and they do waive any one
whereof they have knowledge If they
fail to object thereto promptly, or at
the first step in the cause permissible
The record does not disclose that the
defendant sought to avail himself OF
lany possible irregularity in the drawing
iof the grand jury or the competency or
lanv of its members prior to the COM
lmencement of the proceedings in this
tcourt Under the above rule he certain
lly waived any rights he may have had
to urge this objection at this time.
'aThe third objection is as TO the form
lof sentence, because it fixed a time and
place This is not at variance with any
Hawaiian law, but authorities are
against the practice. The question is
now regulated by statute in England
in
United States.
yet even where practice was to NJ
time and place in the sentence, it die
not prevent the execution from beins
carried out otherwise in a case wher'
it failed at the originally stated tim
and place"
The syllabus of Judge sGalbraith'
opinion is as follows:
COLLECTIONS to the manner of draw
ing and empanneling the grand jur'
returning an Indictment must be pre-
sented and urged to the court at tn
first opportunity, or they will be deem
ed waived.
}. Every presumption is in favor o
the regularity of the proceedings of tn
> trial court. When the record is silen
a as to the manner of drawing the gram
iury this court will presume that
- was regularly and properly drawn.
ssThe time and place of execution ar
by law no part of the judgment. Their
is no statute in this Territory author
iizing the court in pronouncing tn
death sentence to name the place an
10 day of execution.
seWhere the court in pronouncing tn
9 death sentence names the place an
day of execution, the sentence is nc
rT-l-
thereby rendered void. That part
the sentence in excess of the authorit
70 of the court being separable from tn
legal part may be stricken out, or tn
prisoner may be taken before the couI
and re-sentenced-
The opinion concludes
/. 1--WE are bound to conclude from tn
Irecord before us that the petitioner Wa
legally and rightfully convicted.
Now that the day of execute
named in the sentence has passe'
- it seems its presence there ca
lin no way prejudice any rigi
of the petitioner. But in ord'
TO avoid any possible questio
~. of the regularity of the proceedings
he the execution of the greatest punisl
In rnent known to the law. it is deeme
advisable that the petitioner should
- re-sentenced. This may be done eth
in this court or in the Circuit Cour
ar AS a matter of practice we prefer TIL
O. If should be done in the Circuit CouI
I'VE therefore remand the record
- the Circuit Court of the Fourth Circu
of the Territory of Hawaii, and dire
that the petitioner be taken befo
said court at regular or special ter
thereof, and re-sentenced to suffer Z
punishment prescribed by law for t
crime whereof he has been duly co
victed, and that in the meantime t
: petitioner be kept in close cenfineme
NV the high sheriff