The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-03-05
MCCARTHY
IS Gull Ty
The Jury Finds He
CheWed Wife'S
Ear.
CHINESE EDITOR
IS SENTENCED
Judge Gear Imposes Months I'M
prisonment for LibsI-Ma-
COON Reports.

1
tempt to commit mayhem. McCarth
was just out of prison when he ha
another fight with his wife, Katie Ak
al, in which he chewed her left ca
until that member was almost severe
and also badly lacerated other portion
of her anatomy with his teeth S
skilfully did the surgeons bind up tn
wound that the marks of Mccarthy
teeth were hardly noticeable. an
Judge Gear. ruling upon the motion o
George Davis, held that in order t
convict for mayhem. it was necessar
to prove that the wound was noticea
BILE and married the beauty of tn
prosecuting witness. In lieu of that
v hich the si,lli % the surgeons mad
! impossible. the jury returned a verde
Of guilty of the attempt at the crime
Judge Gear will pronounce sentence
this morning.
EDITOR SENTENCED TO JAIL.
| Judge Gear considered newspaper
editors generally. yesterday, in sen
/
convicted of criminal libel. To impris-
| onment for thirty days. incidentally
he touched on the. prevailing trouble
| between the Consul's party and the
Bow Wongs.
When the defendant was called up
for sentence yesterday, Attorney Nc
Clanahan made a strong plea for a
money fine, but neither the court nor
the prosecuting witness could see it in
that light. This is a matter within
the discretion of the court, and / sub
nit that 4 money fine would be suffi-
cient," said Mr.. McClanahan. The
court should consider well before i'm
prisoning this man. This defendant is
n man against whom no word touching
his character has been raised. He is
not versed in the English language.
and is uneducated and unframed in
our tongue. The evidence shows that
in publishing the libellous article he
thought he was doing right. and there
has been no malice shown in the act.
He believed in the truth of the article,
and L believe il would be unjust to
send him to Jail when the imposition
of money fine would meet the ends
of justice. and have a salutary effect
and deter MIN from the publication of
anything further of a libeilous nature.
Ignorance of the facts led to the pub
LEGATION in the first instance, and now
he is fully cogniZant of the libel laws
in the Territory"
Mr.. Andrews replied: II beg to
differ with Mr.. McClanahan in this
case. The defendant took the respon-
sibility FOR this libel. and now he
should take the responsibility for the
punishment. This article was publish
ed maliciously and willfully. and with
the intent to injure Mr.. Poon. This
defendant is surrounded by rich Chi
n. ia - Will n, wi taN-a
fine should be imposed. Imprisonment
IS the only deterrent for acts of this
kind. and an example should be made.
to show the newspapers of this land
that they cannot attack people without
punishment. This defendant is shrewd
and clever enough to attempt to es-
cape the responsibility for his action,
and has published a paper long enough
To know what the laws here are. He
not only published the article. but
added To the libel by attempting to
prove it Imprisonment would have
a salutdry effect not only on this man
but also upon others"
The court realizes that the finding
Of the jury of a verdict for libel in
the second degree was virtually a rec
for clemency." said Judge
Gear in passing sentence. This man
is the editor of newspaper, and il is
true that editors are not necessarily
-ure i'm its wisdom has provided a 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
De- punished by more than a money
fine. The fact that this defendant is
4 Chinese will have something to do |
With the sentence to be imposed.
hough il appears To me that all per-
sons are presumed to know the law. !
Il is evident. though. that he doesn't |
thoroughly understand the law, as
some of the editors of other papers |
lere do. If a fine was imposed it |
would be paid by the Chinese friends !
# the defendant. 1t would simply be |
tax upon the organization known as
he Bow Wongs. and would result in |
he hat being carried around to its I
Members To raise the amount. There
ppears to- be rivalry between the
BOW Wongs and the friends of the Chi
eSe Consul. and this has been appar-
mt during the trial of the case. 1 do
ot believe a money fine would be suffi-
lent punishment but / have received
Ir. McClanahan'S statement in good
aith. and il will be taken into CON
liberation. 1t has been said that I
ave been too lenient in the past. and
may DE too lenient now. but l will
ct impose the full penalty of the law.
nd will sentence the defendant to inn
risonment for thirty days
Exceptions were taken by the defend
Mt: and notice of appeal given. The
efendant was released upon furnish
< bond in the sum of $500
BEFORE HUMPHREYS.
Judge Humphreys was occupied yes
arday in the hearing OF the case Of
ariS " MaSoOn. All the witnesses
ON Hawaii were examined. but the
fai Will consume several more days.
THE KONA NATTER.
Judge Humphreys made the follow
= order yesterday in the matter of
IL Kona Sugar Company: q
IT appearing To my satisfaction by