The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-10-31
IS PASSED.
CONTINUED from page one.)


PENDANT. Indictment for Murder. No.
10.
JUDGMENT AND SENTENCE
On motion of Robert w. Breckons,
Esq, Attorney for the United states
for the District and Territory of Ha-
wall, the said Defendant, Tanbara CT
saburo, was brought to the bar of this
Court, in the custody of the Marshal
of said District, and it being demanded
of him VIVA, he has to say or can say,
why the sentence of the law, upon the
verdict OF guilty of murder heretofore
returned against him by jury in this
cause, on the Twenty siXth day of Oc-
tober, in the year of our Lord one
thousand, nine hundred and two, shall
not now be pronounced against him,
he says he has nothing further or 9TH
er to say than he has heretofore said;
'WHEREUPON, the premises being
seen, and by the court well and sufli-
GENTLY understood, it is considered By
TIE Court that the said Marshal of the
district aforesaid cause the said Tan
bara Gisaburo to be taken hence, and
him, the said Tanbara Gisaburo, safe
ly and securely keep, from the date
hereof, until Friday, the 26th day of
December, in the year of our Lord one
thousand. nine hundred and two, and
nine o'clock in the forenoon and five
o'clock of said day, the said Marshal
cause the said Tanbara Gisaburo to be
taken to some convenient place within
this district, to be appointed by said
Marshal, and Their and there, between
the said hours of nine o'clock in the
forenoon and five O'Clock in the after
noon, on Friday, the said 26th day OF
December, in the year of our Lord one
thousand nine hundred ard two, cause
the said Tanbara Gisaburo to be hang
ed by the neck until he is dead.
And the clerk of this Court is here
by required to furnish the Marshal of
this District with a duly certified copy
of this judgment, sentence and order,
which shall be returned by said Mar
shall with a full and true account of the
execution of the same.
NJ. NJ. ESTEE,
Judge"
/ Attorney Frank f. Thompson noted
an exception to the sentence for the
purposes of an appeal, and then Unit
ed States Attorney Breckons made the
following statement, or which liberty
was given to the cook, Otto:
Comes now Robert w. Breckons
United States Attorney in and for the
Territory and District of Hawaii, and
reports tC the Court as follows, to wit:
THAT ct the present term of this
| Court iE the case of The United States
| of America VS.. Tanbara Gisaburo, the
! Trial Jury IN said cause, after reading
it's verdict into Court, did make a rec
! ommendation that one, s. OTTO, a wit
ness in said case, be neld for investiga-
| ton by the next grand jury on the
| ground that he was accessory to the
murder of Jorgen j. Jacobsen by Tan
bara Gisaburo.
That said recommendation was re-
ferred to the said United States attor.
ney.
THAT SAID United States Attorney
| has carefully and thoroughly investi-
gated this entire matter, his investiga-
! ton covering the period from the 6tf
| day of August, A. d. 1902, to the pres
! ent time; that he has talked with al
| persons present at the time of the no
| niiCide; that he has had all the effects
Of the said S. Otto examined in order t.
ascertain whether there were an!
bloodstains on any of said effects; anC
| that believing that, as a matter o
| fact, the said S. Otto was an accessorJ
! to the crime, he has done everything
in his power to secure legal evidenc,
showing that fact.
AS a result of said investigation, thu
said United States Attorney nov
| states JnaI IN MS OPINION, lnere Is no
| sufficient evidence to hold said S. Oto
and that, should an Indictment b.
| found against him, and his trial resui
in a conviction, that the Court would
SET aside any verdict as being render
ed on Insufficient evidence.
And the said United States Attor
ney further states that the only evi
dence which could be secured, coupling
said S. Cto with the commission of salC
| crime. would he that of the said de
PENDANT, Tanbara elsa buro; and tina
he is no longer a competent witness by
reason of his conviction.
Wherefore, the said United State
Attorney prays that the said s. OTTO b,
discharged.
"R. w. BRECKONS,
/ UNITED States Attorney"