The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1902-05-12
4 DAY Of
JUDGMENT.
Robinson Sends
Two Men to
Prison.
urom Saturdays daily)


Yesterday was judgment day in Cir
cult Court. and two prisoners were SEN
fenced by Judge Robinson. ortez. q
Porto Rican, convicted Of larceny In
the second degree. was given one year
imprisonment. the limit. while Maio-
lai. an aged Hawaiian. was sent up FOR
six month"; ON a charge Of criminal
assault.
JURORS EXCUSED.
Upon the opening of court yesterday
morning Judge Robinson excused two
Jurors for the term, they having pre-
seated good and sufficient reasons. G.
:. Holloway stated that one OF his
partners was on the Coast and the
other about to go to Maui, which would
leave ne one in the office but the
stenoerapher, a recent acquisition. The
excuse was accepted as sufficient
A. S. Prescott stated that the new
manager for May & Co., who had been
expected on the Sonoma. failed to make
connections, and his services conse-
quently could not be dispensed with at
this time. He also was excused.
A BAD PORTO RICAN.
II what some of the acquaintance
of Ortes say is true, the Porto Rican
sentenced by Judge Robinson yester-
day morning for one year will do very
wen in prison. When sentence was
pronounced the court stated that the
fact Of the crime being committed at
night made IL more serious, and the
prisoner would be punished according
ly. Ortez, through the interpreter,
stated that his character had always
been good and IL the court would write
to the Governor of San Juan, Porto
Rico he would receive a certificate to
that effect. If this was not true the
prisoner said he was willing to serve
ten years i'm prison instead of one.
Judge Robinson remarked that he had
fulfilled his duty, and further proceed
ings must come from the executive.
After the sentence one of the country
men Of Ortez stated that the defend
ant bore bad character in Porto Rico
and was known as a vagabond. Al
one time the Spanish authorities had
offered a reward of 1000 peset8s for his
capture, dead or alive.
MAIALAI FINALLY CONVICTED.
Charles Maialai, who was twice ac-
quilted on similar charges at the last
term of court, was finally convicted by
IL Jury yebttfudy dlleiHOoll, anu a. scll
tence Of six months in prison was i'm
mesliately imposed by Judge Robinson.
The defendant is an aged Hawaiian
charged with criminaly assaulting a
native girl of about ~ years of age.
On two other charges at the March
term Of court he was acquitted.
The question of competency of a wit
ness was again raised in this case, but
~ fro, nd
in Mis- respect, held that belief in God
even though the witness did not know
whs God is. was no bar to taking her
testimony. The witness in question
was a native girl IL years of age who
said she knew there was a God, and
that If she didn't tell the truth She
who God was, Judge Robinson held
that the girl knew enough about the
nature of an oath to make her testi.
m0ny competent.
The trial of the case occupied the en-.
tire day. At the close of the evidence
fer the prosecution, defendant moved
for a directed verdict of acquittal
which the court denied. No evidence
was offered by the defendant, and ar
ter argument the case was submitted
to the jury. In half an hour a verdict
Of guilty was returned and Maiala
asked that sentence be passed imme
diately. He stated that he was limo
cent of the crime charged, and tina
there was a plot to send him to prison
The prisoner is 70 years of age, anC
this fact was taken into consideration
by the court in imposing a sentence o.
but six months.
The following jury heard the case
William ii. Thornton, c. X. Quinn, L
ID. Timmons, J. w. Akana, James Bick
nell, II. j. Mossman, A. d. Larnach
Joseph Richards, +. j. Church, II. G
Wooten, Charles Dicherson, F. p. Nc
Intyre.
CIRCUIT COURT NOTES.
Judge Humphreys yesterday ap
proved the masters accounts in tn
matter Of the estate of James Robin
son, disallowing the investment i'm Nc
Bryde bonds. He promised to file
written decision later The master
Henry Smith. avs allowed a fee O
sl0s
The will of the late f. C. Macfar
lane was admitted to probate yester
day, and Henry r.. Fred w. an
George w. Macfarlane and Florenc
BaIlinser Nacfarlane were appointe
executors without bona, as was Pre-
vided by the will.
discontinuance was filed yesterda
in the divorce libel of Thomas Smit
vs.. Margaret Smith.
J. M. Dowsett filed his annual az
count yesterday as executor of of tn
will of II. M. Stillman, showing co
lections of $3,3066O, and expenditure
amounting TO $2,999.3S.
An answer has been filed in the cas-
of j. G. Axtell VS.. II. f. Hendricl
suit for $4,000 damages for maIiciou
prosecution. Defendant admits that h
did charge plaintiff with having cor
verted the sum of 5000 to his own US
but alleges that such action was take
upon the advice OF +. p. Dole. Attol
ney General. after he had been a,
quainted with the facts.
The hearing of the matter of ii