The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-10-31
TANBARA GISABURO IS
NOW UNDER
WATCH
DISTRICT ATTORNEY SAYS HE
believes OTTO AN ACCESSORY
BUT FORCED TO RELEASE HIM
FOR WANT OF EVIDENCE.

Tanbara Gisaburo and S. Oto, the
two men held responsible for the MUIR
der of Captain Jacobsen of the schoon-
er Fred J. Wood, faced each other in
court this morning for the last time
Tanbara was sentenced to be hanged
on the day after Christmas next, and
Oto went forth free man, but not un-
til he had beard United. States Attorney
Breckons declare himself fully con-
WINGED" that he was an accessory to
the crime.
1T may be that Oto had a part in
this brutal murder" said BreCkons in
his argument before the trial jury in
Tanbara's case, but he will never be
punished by any human tribunal. His
case must be left to Higher Court in
which he must some day answer
In spite of this acknowledgment by
the prosecution that there was no evil
dence against Otto that would be
satisfactory to the law, the jury rec
commended that he be held as an ac-
cessory and another effort was made
to bring a charge against him. There
was no evidence but that of Tanbara,
disqualified as a witness since he was
convicted himself and so Oto left the
judiciary building this morning, just
behind yanbara, Oto a free mans Tan
.bara already under the death watch.
Tanhara did not look at the manwho
was his companion in the galley of the
schooner and who is regarded by prac-
tically ali familiar with the case, as the
man who spurre1 the condemned man
to the deed for which the highest SEN
tence has now been imposed. Oto went
out with the Acting Japanese Consul,
and Tanbara passed him a moment
later in the police patrol wagon, on the
way to Oahu Jail, where he is to be
guarded until the dreadful sentence OF
the law is carried out.
Tanbara showed more nervousness
while he waited for sentence this morn
ing than at any ether time during the
trial Fie sat in the court room while
= other cases were disposed Of His
breathing was heavy and his hands
moved about unsteadily His tiny
black eyes were constantly shifting,
and now and then his ugly fiabby face
twitched with srepulsive effect. But
when the time for actual sentence came
he was as stolid as ever. He stood be-
fore Judge Estea and the crowd that
filled the court room and appeared
quite calm. When asked if he had
anything to say as to why sentence
should not be passed upon him, he an
swered with some vigor, that he had
nothing to say" This was in accord
ance with the advice OF his counsel
The duty imposed uron the court Ii
o this case is most painful one,' began
Judge Estee. The court wishes to say
that you have been tried and convict
ed before a jury and defended by able
counsel, who did all within the power
of human efforts to secure your re
lease" The judge then delivered the
formal order, that the prisoner b
safely kept" until the 26th day o
December and on that day be hanged
by the neck until he is dead
There was no land may God haV
mercy on your soul and those who hat
come to see human being committee
to the gallows, expecting to witness
dramatic scene, met disappointment
The court very formally ordered tn
Marshal to take charge of the prison
er, and Marshal Hendry at once es
corted MIN from the room and sen
him to Oahu Jail, where he is to b
watched day and night, in order tina
he may not by killing himself defea
the purpose of the law to Kill him 10
having wilfully taken another's life.
The judgment and sentence, the flrs
one ever delivered in Hawaii in tn
federal form, was as follows:
IN THE DISTRICT COURT OF TIL
UNITED STATES WITHIN AN
FOR THE DISTRICT OF HAWAI-
AND TERRITORY OF HAWAII.
''The United States of Americ'
Plaintiff, VS.. Tanbara Gisaburo, DE
CONTINUED on page five2