The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-03-11
ORDERED To
Be WHIPPED
Novel Punishment
Provided by
Gear.
BOYS SENT HOME:
WITH MOTHERS
Chinese Wiingss Who Thought lie
Had Been Charged With
Crime.

Two boys were yesterday sentenced
by Judge Gear to be taken home by
their respective mothers and soundly
whipped. The guilty culprits were
Manuel Texeira and John Santos. one
eight, and the other twelve years of
age, and both were charged with lar
ceny in the second degree. namely. the
theft of about $50 from Louisa salter.
Both of the boys are Portuguese. and
were unable to speak English.
The younger one of the defendants
was first brought before the bar, and
entered a plea of guilty. There was
some discussion over the power of a
Circuit Judge to send a boy to the re-
form school, Mr.. Douthitt contending
| that such authority belonged to the
Circuit Judges, concurrently with the
District magistrates. Judge Gear took
different view of the situation, but
said that he would not sentence such
boys to the penitentiary, as they were
too young to realize the crime they had
committed. Finally the mother of San
tos appeared on the scene. and she told
the Court that her boy had always been
a good boy, until he began going out
at night. Judge Gear asked her if she
would promise to whip the boy if he
released the youngster. to which she
gave such emphatic assent that the
Court felt constrained to caution the
mother. that this didn't mean whipping
him within an inch of his life, but just
to lick him good" The defendant was
then asked which he preferred. a term
of imprisonment in Jail or a whipping
from his mother. The youngster
thought long and deeply, weighing ev-
cry possible side of the question, and
then replied through the interpreter
that he didn't care for either very par
ticularly. The boy was finally released
upon n promise to accompany his
mother home for the satisfaction OF the
judgment, and an agreement that he
would then go to school every day.
Texeira's mother was also present.
but she showed some reluctance at
whipping her son, stating that he had
already been given sufficient punish
ment by a weeks imprisonment. but
she also finally promised to whip him
upon their return home. Both young
sters were led away by their respective
mothers. evidently not certain whether
they had escaped the worst form OF
punishment after all. Judge Gear sus-
pended the sentence in both cases I'M
til August.
ONE YEAR FOR THIEF.
All Kin. a Chinese. was found guilty
OF the larceny OF an assorted lot Of
iewelry and sentenced by Judge Gear
TO a term OF one year in oahu prison.
~. =
ed considerable amusement upon be-
ing sworn. The Chinese interpreter re-
peated the oath after the clerk. when
the witness began to argue the matter.
He told the Interpreter that he hadn't
committed the crime. but the police ar
rested him anyway. and it was some
time before he could be persuaded that
ne wasn't being tried for the theft.
Then he took the oath, and the trial
went swimminGly. +. +. Thompsin
appeared for the defendant. having
been appointed by the court.
CAREY FOUND NOT GUILTY.
Thomas Carey. indicted by the grand
Jury for assault upon his brother with
a dangerous weapon. was found not
guilty by a jury in Judge Robinson :
court The defendant was alleged to
nave attacked his brother with a wa
ter pitcher and knife, but the evil
dence showed il % be only family
quarrel. with all the parties more or
less under the influence OF liquor F.
w. Hankey appeared FOR the defend
ant. and Mr.. Mathewman for the pros
ecution.
CRIMP MCCARTHY AGAIN.
Crimp Mccarthy was before Judge
Gear again yesterday. and entered a
plea or not guilty TO the charge OF as
saulting Kate Akai. Later plea OF
previous jeopardy was made by his
counsel. and the matter will be argued
this morning. Biting claims that Nc
Carthy has been once tried and acqult-
ted OF the same charge. namely. by the
order made by ,BidEe Gea" releasing
the defendant upon a technicality.
ANSWER IN LUCAS CASE.
Answer has been filed by the defend
ants in the case of :. q. Allen "
Thomas L. Lucas Ct al.
STOCK EXCHANGE DENIES LA
EILITY.
An answer has been filed Icy The Ho-
roiulu Stock Exchange i'm the case OF
I. =. Abies V &. J. F-aIk. -. L Carter
g al. Defendant denies that Falk had
any title t. "a seat in the stock rN-
change. which ne could sell or mort
gage. and that no equitable lien could
be created ON his membership. De
PENDANT further alleges that under III"
constitution and bylaws ot the Homo
Iu1u Stock and BOND Exchange. Fax
membership constituted continuing
security to the ENehauG- and SIS mem
rars and that the said members have
claims against him "f siaeo.7> which
are entitled g. b- paid first fr'ra the
proceeds II the sale % Falk.s seat.
COURT NOTES.