The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-08-06
CUBAN WAS
CONVICTED.
Then Made Defense
For the First
Time.
GEAR LEGALIZES
NATURALIZATION
Hall Goes Free-Sentence OF Will
cox Is Diminished-Prominent
Attorney Here.

though more interesting, was the les-
tinony of Toma Abe, the Japanese
police officer who kept the court room
in a continual roar of laughter during
his occupancy of the witness stand.
The defendant was found guilty of the
charge and not until then did he make
a statement denying all completely in
the crime. Judge Gear began to CEN
sure Attorney Robinson for failure to
properly present his case, until the at
torney made explanations, and then the
sentence was postponed, with a prob
ability that the verdict of the jury
may be set aside.
Rodriques was charged with stealing
a gold watch and other valuable jewel
l. y from a Japanese. The police were
| notified while he was still about the
premises and Toma Abe sent TO arrest
the defendant which he did The little
Jap told the story of the arrest in
graphic language. He related the stern
| call to duty, and how finally he caught
the Cuban just as he was starting 20
run.
"'I took him to station house, nicely
and gently" said Toma. and the Jap
anese tell me he try to drop watch.
| Robinson objected to the hearsay evil
dence, and Toma calmly explained that
he knew it was not permissible in
court of law.
1.-The man have a heavy gold ring,
too" added Toma.
what did you do with it," asked
the court.
Il took to station house"
4 eyix 10
man?"
! "I do no. L am not the High Sher-
in," answered the witness emphati-
cally.
what charge did you make against
the man."
Larceny. second degree" was the
answer
| Toma explained that there were cap
| tains, and sheriffs and heutenants at
the station. and he didn't actually en-
| ter the charge. as it was the business
of his superior officers. Toma wouldn't
| identify the stolen watch positively as
| the one offered in evidence, but said
it must be the one because David ka-
apa had had possession of it all the
time.
| At the conclusion of the Territory's
| case Robinson moved to dismiss Tor
| lack of evidence, but the court denied
the motion, the case then being given
to the jury. Within a few minutes a
verdict of guilty was returned.
| When Rodriques was asked for rea-
sons why sentence should not be pass
ed there was another sensation. The
defendant denied the crime and said
| that he had purchased the watch from
1 a Porto Rican for seven dollars. Later
| the man from whom he had. purchased
| il had been sent to jail, but was re-
LEASED six weeks ago. The court then
| inquired of Mr.. Robinson if he had
| known of this. and the attorney re-
Piled that he had had but a few min
1 utes' conversation with his client prior
! to the opening of court. The case had
been assigned to him by the court, but
he had not known of it until Monday
The man had simply told him he had
witnesses TO the purchase but they
| were in Jail
| Judge Gear replied that attorneys
had no right to railroad man into
| jail. even by jury trial, and that this
case had been tried without proper
! preparation. 1t was simply a question
of punishment now, or else of having
a new trial Mr.. Robinson replied that
he did not wish to take witnesses from
Jail to testify. for the reason that 1t
would make a bad impression on the
jury. The matter was finally continued
until Thursday morning for sentence,
the court accepting the explanation
made by the attorney.
HALL DISCHARGED.
| A nolle prosequi was entered yester-
day by Deputy Attorney General Cath
cart in the case of ]. w. Hall. who
was tried at the February term OF
court, the jury disagreeing. Mr.. Cath
cart stated that he had always felt
some doubt of Halls guilt, and was
now more convinced than ever of his
innocence He did no believe the evil
dence in possession of the department.
would lead to a conviction. This view
| was now shared in also by the Attor-
ney General and Mr.. Kinney who pros
| ecuated at the first trial. For this rea-
son he asked that the defendant be
| discharged. Judge Gear concurred in
] che view that Hail could not be con-
| victed. unless jury was made 70 be-
| lieve the impossible. and the defendant
| was ordered discharged and his bond
| of $1,000 cancelled.
GET OFF WITH FINE.
! r. Hartman, q. Gallagher and n. a.
! Campion, who We're sentenced to four
| months in Oahu prison by Judge Will
cox recently for assaulting an aged
Haw allan, were released by Judge Gear
yesterday upon payment OF a fine OF
s25 each. Davis appeared with Creigh-
ton for the defendants. who entered
pleas of guilty. Mr.. Douthitt stated
that he had discussed this matter with
Judge Wilcox. who told him that had
he known the facts now presented.
his action would not have been so dras-