The Hawaiian gazette., 1902-04-29
A WARNING
TO OTHERS
Estee's Sentence
in Castahna
Case.

10 the United states Court as did one
named Castanha yesterday. Judge Es-
tee In sentencing Castanha gave him
the minimum sentence prescribed by
law. and yet the luckless man must
serve seven months In oahu prison.
pay fine OF 5000. and penalty OF $500
additional. The latter sum was adj
judged apainst the prisoner because he
had n stil in his possession. which he
had failed to register with the col
lector of internal revenue "a prescribed
in the revised statutes The penalty
clause was "A surprise to the prisoner
and his attorneys, and was wholly UNI
locked for.
Al the opening of court yesterday the
room was crowded with Portuguese.
who were eager to learn the fate of
their countryman. Attorneys Chilling
worth and Niyas made pleas for leni-
ency, calling attention to the fact that
Il was the fast ease OF the kind ever
prosecuted in the United States Court
here, and that the smallest fine the
Judge could impose would have "A most
salutary effect upon the Portuguese
community, or upon any others en-
gagged In the manufacture of okolehao.
The defendants age was cited as a rea-
sen for a lenient sentence, and the
mans family was pointed out in the
courtroom as an additional reason why
he should be let down easily.
Judge gstee told the prisoner he
weuld impose the lightest sentence pos
sible, but this of itself was not an in
sieation that he did not believe the
verdict was correct. In summing up
the counts against the prisoner the
Judge said:
1T Is considered by the Court that
Manuel II. Cas.anha be Imprisoned in
the Oahu Jail for the period OF one
month under the first count of the III
dietment, and for the period of six
months under the second count, in all
period OF seven months. And 1t is
further considered by the Court that
Castanha do pay fine OF 500 under
the first count and $500 under the Sec
ssd count, in all the sum Of 5000. Ana
IL ~ further considered by the Court
tsat the United States do have and re
csver OF and from said defendant, the
penalty prescribed by law, to-wit: the
sum OF $500 under the first count OF the
indictDent. II is further considered by
the Court that the United States do
have and recover all their costs.
On motion OF II. w. Breckons, at
tsrney for the United States, the de-
PENDANT, Frank Castanha, IL now dis
charged"
Dhe prisoner had a fearful interview
with his wife and children before going
to prison.
Oeurt was then adjourned until 10
o'elsck this morning.
CAN TAKE THEIR CROP.
Judge Robinson yesterday dismissed
the action for trespaSs and damages
brought by Albert X. Nawahi VS.. Ha-
kalau Plantation Company. by sustain
ing the demurrer to the complaint. In
summing mp the matter the Judge said
that the defendant could not possibly
know when the plaintiff would exercise
his right TO terminate the lease and
therefore could make no provision
against II, and having sown the crop,
IL was its right to enter upoA the land
and remove therefrom the growing
crop within reasonable time after
the termination of its lease. without
being apsweIable in damages either for
such entry CT such removal.
The action was brought by the plain
tiH 10 recover OF and from the defend
amt $4,000 damages alleged to have
been sustained by plaintiff The de-
PENDANT went into possession of the
land on June 2, 1897, for the term of
ten years at the annual rental of S.
per mere. The following clause was
contained in the lease: But it is un-
derstoOd that ass soon as the child is
70 years OF age, ne shall have the right
10 terminate the lease" Judge Robin
sen asserts that this clause neither
adds to nor detracts from the power
and authority vested In MIN by law to
either affirm or disaffirm the lease made
BY his guardian upon attaining his ma
hn nj ti .f
January z, 1909. and on that date ad-
vised defendant OF his desire to termi-
nate the lease, notifying it also that
any entry upon the land would be cause
fer trespass damages.
Magoon n Dillon have filed notice OF
appeal.
TO ANSWER BY THURSDAY
In the case of Sun Kwons Mau Co.,
Lee Yin ct al. VS.. WAIKIKI Land & Loan
Association, Ltd, ct al. the defendants
demurrer to the amended bill was over
ruled and they were given until Thurs
day, May !, in which to file answer to
the complaint. The demurrer set forth
that the amended bill of Jmpialnt was
ambiguous and unintelligible in that
the description Of the premises In
which the plaintiffs claim to have
leasehold interest and upon which the
plaintiffs claim that defendants are
committing acts OF trespass as al
legged. is uncertain. ambiguous and un.
ineligible. This is the case wherein
an alleged hui OF Chinese Is attempt
ing to restrain the Rapid Transit Com
pany from laying it's tracks through the
McCuily tract.
PRENDERGAST is LECTURED.
The petition of Louis Pearson. widow
er and heir OF Mary X. Pearson. asking
for the removal OF John X. Prendergast
az administrator, was denied. Prender-
CAST was ordered to apply the funds
held by him To the payment of out
standing Indebtedness. and In future To
rse more care and diligence in the
exercise Of his duties as an admins
traitor. Judge Robinson also stated