The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-11-21
THIEVES co
TO PRISON
Sentence Imposed
BY Judge De
Bolt.
ASHFORD NOT
IN CONTEMPT
Boyd Case Saturday Parke Must
Reimburse Estate-Biackburn
Is Acquitted.
THE BOYD MATTER.

jury.
THE BOYD MATTER.
Pleas to the indictments in the
Wright and Boyd cases will be made
on Saturday morning, and will bring
on another technical attack upon the
return made by the grand jury. The
indictments were 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 grant
ed and the plea postponed until Satur-
day.
Jas. III. Boyd appeared in answer to
the three indictments against him and
read. He made no plea to either of
them. Judge De Bolt refused to allow
the reading to be waived by Boyd, stat
ing that the defendant could not waive
any of his rights. Humphreys, who
appeared to defend, asked that the
names of Robertson & Wilder be en-
tered as associate counsel He objected
to a plea this morning saying that the
plea of Boyd would be voluminous, and
that his stenographer would be unable
to get it UP in one day. On that ac-
count the case was continued until Sat
urday.
nruED ArrTA CHc ON cpAND TuTpv
An indication of what technical fight
upon the indictments will result in, is
shown by Judge De Bolts prompt de-
NAL of a motion to quash the indict-
ments in the case of August Herring
and Vasconcelles.
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, in 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 5th day of November, 1902 (said
day being the date wherein said in
dictment was found and certified by
said grand jury, as appears therefrom,)
was Peter C. Jones; and that ON said
day and date there was no foreman of
said grand jury other than said Peter
c. Jones,
9, That said Indictment is not signed
by said Peter c. Jones, either as such
foreman, or otherwise, or at all.
4. 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, to 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.
! 5. That it does not appear in and by
said indictment, or otherwise, or at all
that the requisite number of grand
jurors, to wit, thirteen thereof, vote to
find or return a true bill in this cause
against this defendant; nor does il
therefrom, or otherwise, or at all ap-
pear that as many as thirteen of said
| grand jurors heard evidence upon, OF
ldeliberated concerning the said charge
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
7 eral of the cases before Judge De Bolt
VIM. Hoopai, who was alleged to hav,
stolen number of valuable calabashes
was sentenced to imprisonment for tw,
years and to pay the costs of prosecu
ton.
Harado, a Japanese who admitte,
stealing $40 from Kosuka Matso, wa
sentenced to prison for a term of tire
years. He was charged with larcen,
in the first degree.
kimura was found guilty by a jur
of larceny in the second degree and wa
given the limit of two years by Judg
De Bolt. He was alleged to hav
a stolen jewelry worth 1927 from Mrs
Olds and was indicted for larceny i
the first degree. Judge De Bolt state
in sentencing the defendant that h
considered larceny by servants abou
a house to be of a much graver ma
ture than ordinary theft, because c
the fact that they are given a certai
confidence. and the crime is breach {
trust as well as larceny. Kimura claim
| ed that he had found the jeweIry on
| window sill and put it in his poke
meaning to return it TO his mistress
However said he became suddenly il
| and was arrested before having had a
II opportunity of doing this. Judge L
Bolt did not place much credence i
= the story and gave him the limit {