The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1902-03-07

not only published the article, nut
added 20 the libel by attempting 10
prove IT, imprisonment would have
q salutary effect not only on this man
but also upon others"
THE court realizes that the finding
Of the jury Of verdict for libel in
the second degree was virtually rec
ommendatiOn for clemency' said Judge
Gear in passing sentence. This man
is the editor of "A newspaper, and II Is
true that editors are not necessarily
of the criminal class, but the Legisla-
turC in It's wisdom has provided law
which imposes fine or imprisonment for
persons convicted of libel. The court
agrees entirely with the attorney for
the prosecution, that this man should
be punished by more than "A money
fine The fact that this defendant IN
a Chinese viii have something to do
with the sentence to be imposed,
though II appears to me that all per-
sons are presumed TO know the law.
It Is evident, though, that he doesn't
thoroughly understand the law, as
some of the editors of other papers
here do. If IA fine was imposed II
would be paid by the Chinese friends
Of the defendant 1t would simply be
tax upon the organization known as
the Bow Wongs, and would result In
the hat being carried around To It's
appears to be n rivalry between the
Bow Wongs and the friends of the Chi
nese Consul, and this has been appar-
ent during the trial OF the case. / do
not believe money fine would be sum
cieut punishment, but have received
: Mr.. McClanahan's statement in good
faith, and IT will be taken into coni
sideration. 1t has been said that I
4 have been too lenient In the past, and
4 Ia Iapi1nt hut I WILL
not impose the full penalty of the law,
/ and will sentence the defendant to inn
] pTsonment for thirty days"
/ Exceptions were taken by the defend
ant, and notice OF appeal given. The
defendant was released upon furnish
/ ing bond In the sum OF $500.
BEFORE HUMPHREYS.
Judge Humphreys was occupied yes
terday In the hearing of the case OF
Paris vs.. Magoon. All the witnesses
from Hawaii were examined, but the
trial win consume several more days.
THE KONA MATTER.
Judge Humphreys made the follow
ing order yesterday in the matter OF
the Kona Sugar Company.
! 1t appearing to my satisfaction by
the record herein and by representa-
tons made to me by the receiver that
III Is Impossible Tor said receiver 10
negotiate funds with which to operate
the plantation Of the Kona Sugar Co.
Ltd, apd to harvest the crop thereupOn
growing, ii Is hereby ordered that said
receiver do employ such agents as
may be sufficient to care for and pro-
I tect the live stock and other personal
/ property IN and upon and about said
plantation, and except for the employ
J meut of such servants, the receiver
1 liz not required to incur any personal
financial responsibility In and about the
I conduct of said plantation.
! Done at chambers this fourth day
of March, A. ID. 1902.
"A. 5. HUMPHREYS"
COURT NOTES.
! j. Alfred Magoon has filed his ac-
counts as guardian of Rebecca Panee,
spendthrift, showing receipts for the
year 1900 of 1910 G2, and expenditures
Of SS,9S2 SO, In 1901 receipts were Civ
en- S35i5. O5( and expenditures Of 81
| s5397, showing a balance of S69l2 The
value of the estate IL given as follows:
Notes secured by mortgage, 1888 "a /:
real estate, $3.50.
| j, A. Magoon has also filed his ac-
counts as trustee of the estate of j, T..
! o. Banning. The receipts are given as
/ $500, and the expenditures We're 81
375. The value Of the estate Is placed
at s7i,055.
/ Judgment by default has been en-
tered In the case Of zee Wo Chan Co.
VS.. Chong Sol Pow.