The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-04-29
A WARNING
TO OTHERS
E:stee's Sentence
in Castahna
Case.
pRENDERGAST
is LECTURED
Nswahi Cannot Restrain liakalau
Plantation from Removing
Crop on His Land.

! Possession of apparatus for the Illicit
manufacture of okolehao in the Ter
ritory will prove an Improbable bust
| ness II all manufacturers fare so badly
| in the United States Court as did one
named Castanha yesterday. Judge Es-
tee in sentencing Castanha gave him
the minimum sentence prescribed by
law, and yet the luckless man mus
serve seven months in Oahu prison
pay fine Of 5000. and a penalty of $500
additional The latter sum was ad-
Judged against the prisoner because he
had a still in his possession. which he
had failed to register with the col
lector OF internal revenue as prescribed
in the revised statutes. The penalty
clause was surprise to the prisoner
and his attorneys, and was wholly un-
looked for.
AT the opening of court yesterday the
room was crowded with Portuguese
who were eager to learn the fate Of
their count-yman. Attorneys Chilling
worth and Vivas made pleas for ieni-
ency, calling attention to the fact that
it was the first case of the kind ever
prosecuted in the United States Court
here, and that the smallest fine the
Judge could impose would have most
salutary effect upon the Portuguese
community, or upon any others en-
gagged in the manufacture of okolehao.
The defendants age was cited as a rea-
son for lenient sentence, and the
mans family was pointed out in the
courtroom as an additional reason why
he should be let down easily.
Judge Estee told the prisoner he
would impose the lightest sentence pos
si6le. but this OF itself was not an in
dication that he did not believe the
verdict was correct. In summing up
Judge said:
cit is considered by the Court that
Manuel r. Castanha be imprisoned in
the Oahu Jail for the period of one
month under the first count of the in
dictment and for the period of six
months under the second count. in all
a period of seven months. And it is
further considered by the Court that
Castanha DO pay a fine of 800 under
the first count and $500 under the sec
ond count. in all the sum of $780, And
i. is further considered by the Court
that the United States do have and re-
cover OF and from said defendant. the
penalty prescribed by law. to-wit: the
sum OF $500 under the first count of the
Indictment. 1t is further considered by
the Court that the United States do
have and recover all their costs.
ION motion OF z. w. Breckons, at
torney for the United Sta-es, the de-
Frank Castanha, is now dis
charged"
The prisoner had a fearful interview !
with his wife and children before going 1
to prison.
Court was then adjourned until 10
o'clock this morning.
CAN TAKE THEIR CROP.
Judge Robinson yesterday dismissed
the action Cor trespass and damages
by Albert X. Nawahi va. Ha-
salau Plantation Company. by sustain
ng the demurrer to the complaint. In
summing up the matter the Judge said
nat the defendant could not possibly
know when the plaintiff would exercise
MS right 20 terminate the lease and
therefore, could make no provision
against it, and having sown the crop.
I was its right to enter upon the land
nd remove therefrom the growing
.rop within reasonable time after
he termination of its lease. without
icing answerable in damages either for
uch entry or such removal.
The action was brought by the plain
If to recover OF and from the defend
mt $4,000 damages alleged TO have
zen sustained by plaintiff. The de-
endant went into possession of the
and on June ?. 1897. for the term of
en- years at the annual rental of 50
eT acre. The following clause was
obtained in the lease: But it is un-
erstOod that as soon as the child is
years OF age. he shall have the right
, terminate the lease" Judge Robin :
on asserts that this clause neither .
dds to nor deiracts from the power ,
nd authority vested In MIN by law TO
ther affirm or dfsaffirm the lease made
y his guardian upon attaining his ma
'rity. The plaintiff became OF age on
lnuary Z. 1902. and on that date ad-
lsed defendant OF his desire 10 terni-
ate the lease, notifying il also that
~ entry upon inc land would be cause
n trespass damages.
Magoon & Dillon have fled notice Of
ppeal-
TO ANSWER BY THURSDAY. =
In the case of sun Kwong Mau Co.
&c Yin ct al. rs. Waikiki Land & Loan
Ltd. ct al, the defendants
emurrer To the amended bill was over
lied and they were given until Thurs
ly. May /. in which to file answer u
lie complaint The demurrer set forth
INT the amended bill of complaint Was
ambiguous and unintelligible in that
re description OF the premises in
hich the plaintiffs claim to have
asehold interest and upon which the
laintiffs claim that defendants are
,mmitting acts of tresDass as al
ged. is uncertain. ambiguous and On
Ineligible This is the case wherein