The Hawaiian gazette., 1902-11-21

already been made upon the new in
dictments returned by the present grand
jury.
THE BOYD MATTER.
Pleas to, the indictments In the
Wright and Boyd cases will be mad,
on Saturday morning, and viii bring
on another technical attack upon thu
return made by the grand jury. The
indictments We're read in all four of the
cases and the pleas were reserved IN
each of them.
The Wright case was first called up,
and Davis asked for time in which to
study the indictment. This was gram
ed and the plea postponed until Satur-
day.
! Jas. II. Boyd appegva' IN answer TO
/ the three indictments ..ainst him and
remained standing Wine they were
read. lie made no plea to either of
them. Judge De Bolt refused to allow
the reading 10 be waived by Boyd, stat
4 ing that the defendant could not waive
any of his rights Humphreys, who
appeared to defend. asked that the
names of Robertson 81 Wilder be en-
tered as assOCiate Couufel. lie objected
to plea this m6rniuF saying that the
plea OF Boyd would be volumlnous. and
that his stenographer would be unable
to get II up I'm one dav. ON that ac-
count the case was continued until Sat
urday.
OTHER ATTACKS ON GRAND JURY.
An indication OF what technical fight
upon the indictments viii result in, is
shown by Judge De Bolts prompt de-
NAL of IA motion to quash the indict-
mcnts In the case of August Herring
and Nasconcelles.
The motion was based upon the fol-
lowing grounds
1. That the law in such case made
and provided, ordains that all indict-
ments shall be signed by the foreman Of
the grand jury.
2. That, as shown by the records OF
this honorable court, I'm the matter of
the impannelling of the present grand
jury, now sitting, and by which
and by whom said indictment pur-
ports to have been found, and by
which and by whom the same was pre-
scented and returned into this honorable
court, the foreman of said grand jury
on the 9TH day of November 1902, tsaid
day being the date wherein said in
dictment was found and certified by
said grand jury, as appears therefromD
was Peter G. Jones; and that on said
day and date there was no foreman of
said grand jury other than said Peter
G. Jones.
B. That said indictment IL not signed
! by said Peter e. Jones, either as such
J foreman, or otherwise, or at all.
T. That said indictment Is signed by
one James Gordon Spencer, who, in and
by said indictment purports to be and
to have been, on the date when the
same purports to have been found and
certified, 10 wit. said 9Th day of No
Vember. 1902, the foreman Of said grand
jury, whereas in truth and In fact said
James Gordon Spencer was not, on said
last mentioned day and date, or on any
other day or date when said Indictment
was voted upon and found as "A true
bill by said grand jury, the foreman Of
said grand jury.
g. That 1t dons not appear IN and by
said indictmen, or otherwise, or at all,
| that the requisite number of grand
Jurors, to wit, thirteen thereof, vote to
find or return IA true bin in this cause
against this defendant; nor does 1t
thercfrom, or otherwise, or at all APP
pear that as many as thirteen of said
grand Jurors heard evidence upon, or
or indictment against this defendant.
Judge DE Bolt promptly denied the
motion In both cases.
SENTENCE is IMPOSED.
Pleas of guilty were entered in sew
eral OF the cases before Judge De Bolt.
VIM. Hoopai, who was alleged to have
stolen a number of valuable calabashes,
was sentenced to imprisonment for two
years and to pay the costs of prosecu-
tiOn.
Harado, "A japanese who admitted
stealing $40 from Kosuka Matso, was
sentenced to prison for term Of three
years. He was charged with larceny
in the first degree.
Kimura was found guilty by "A jury
iof larceny In the second degree and was
given the limit OF two years by Judge
! De Bolt. He was alleged To have
stolen jcwelry worth 1927 from Mrs.
Olds and was indicted for larceny In
the first degree. Judge De Bolt stated
In sentencing the defendant that he
considered larceny by servants about
a house 20 be Of much graver ma
ture than ordinary theft, because OF
the fact that they are given certain
confidence, ana the crime Is breach OF
trust as well az larceny. Kimurn claim
cd that he had found the iewelry on a
window sill and put IL In his pocket
meaning "a return II 10 his mistrsss
However said he became suddenly ill
and was arrested before having had AN
opportunity Of doing this Judge ID
Bolt ala not place much credenre IN
the story and gave him the limit ~
imprisonment saying MAT he considered
IL q very moderate punishment
! BLAcKBrRN JURY DlsAGREEs.
! 4. y, blackburn was charged win
needless driving before a jury yrstrr-
day Blackburn Is tbs man who ran
down Colonel Halves few months ago.
from which the lail,r h SIN hunrIng
The iury Ia tho ease after half AN hlur
uf arguWenl la lhe iury room, reported
Ia disagreement several memhrrs state
ing mat ihrrr was np possibility of "A
lYrd,rt M nppihili announced tnli
Ilr would prosecute tho case HEAIu IN