The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-10-24

they make mistakes, SO do all of us,
but they make more. l often go into
these courts just for amusement, and
some out disgusted.
Suppose we fix the bail in this
case at $3,000.' continued Davis. In
the other case Judge Gear reduced the
bail from $4,000 to $4,000"
THE bail in that case is larger in
proportion now than is this amount,
returned Judge Frear.
Mr.. Dole replied briefly to the argu-
ment of Davis. He contended that the
statute provided for Imprisonment for
ten years or a fine of five times the
value Of the property embezzled, and
this should be taken into considera-
tion. Referring to the first bond, he
said that while the Long estate was
worth five times the amount of the
bail, yet the property was undivided.
and this prevented it from being gilt
edged security. In the first case Judge
Gear fixed the bond at $4,000, and
Judge Wilcox, acting upon that init
nation, set the bail at $4,000 on the
second charge Mr.'Dole contended that
if the bond should be only the amount
of the embezZlement, when the embez-
zler is captured, and he can take
chances on being captured, the govern
ment had absolutely nc protection from
embezzlement, as the thief could not
lose anything, even if caught, and he
has also d chance to get aways "The
court should also take into considera-
tion the unfortunate condition of the
territory at present, the treasurer be-
ing gone. and other deTalcations hav-
inc ics hpli
bail is unduly small. people who are
interested would spirit the petitioner
away. This government wants all the
facts, and to have the guilty punished.
and the innocent go free. Mr.. Dole
said he had nothing but the most
kindly feelings for the defendant, but
he could not administer the duties of
his office honestly and efficiently, and
consent to a reduction of the bail. de
did not believe the amount asked to
be unreasonable.
Davis replied, charging that the gov
ernment wanted to keep Wright In
prison because of other defalcations.
He said he would be willing to accept
a reduction to $4,000, which is more
than is required for murder. Unless
there are strong circumstances, which
must prove their case beyond doubt,
the government can never convict him.
The attorney general is oyer-zealous,
and this man should be given his lib
erty, notwithstanding that there are
other embezzlements, and nothwith-
standing the press"
There is no doubt that the consti-
tuition prohibits the imposition of ex-
cessive ball. said the Chief Justice in
denying the motion. 'The question
now to be decided is as to whether the
bail fixed is excessive. The question is
not the same as it would be if the ap-
plication for bail was an original one;
the only contention now is as to
whether or not the district magistrate
abused his discretion. In determining
what is reasonable, various things
should be taken into consideration;
the ability of the prisoner to give
bail, the atrocity of the offence, and the
penalty In this case the prisoner was
high public official, and is presumed
to have friends. The amount the pris-
oner can obtain issnot alone to be con-
sidered; nor is that rule laid down by
any authority, but the rule is rather
what it is reasonable to expect the de-
fendant could give.
"The amount of the bail depends
largely upon the enormity of the Of
fense; in embeZzlement, the amount
of bail varies inversely with the
amount of the embezzlement. In the
case where the amount was 500, five
times that amount would not be con-
sidered excessive, while if it was
81 100000, the same amount as bail
might seem unreasonable. In the
Tweed case, in New York, where the
embezzlement charged was S6000,00
the bail was only s3,000000 There is
no rule that bail should not exceed the
amount embezzled.
"Of course, the penalty must also be
taken into consideration. In the pres
ent case, the statute provides for i'm
prisonment for any term of years up
to life, or a fine of five times the
amount of the embeZzlement. The
statute provides also that where
the punishment is only fine, the bail
should be five times higher than that
amount. If the punishment in this
case were fine alone the bail should
be $4,000 But this provision is not
technically applicable. In the light of
prevailing views, and the tendency to
7amelioriation of criminal law, it seems
to me, taking everything into consid-
Grafton, the bail is not undu1y high.
The prisoner will be remanded to GUS
tody, under the terms of the commit
ment, and subject to be at large on the
bail fixed by the committing magis-
trate."
Up to late hour yesterday, Davis
had not made good his threat of ap-
pealing to Judge Estee, and efforts are
still being made to secure a.bondsman,
though the attorney told Judge Frear
that he would be unable to do so.