The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1903-03-06
PRISON FOR
B, h. WRIGHT
Sentence Imposed
by Judge De
Bolt.
(From Wednesdays Daily.)

z. Haywood Wright. and sentenced
him to Oahu prison for term of three
years at hard labor Wright took his
| sentence without emotion, though he
feels it deeply. Upon the advice of his
attorneys he made no statement in ex-
tenuation, nor did his counsel.
The entire morning was consumed
in argument upon the motion for
new trial. At the opening of court
j. w. Cathcart filed affidavits by Cap
tain Black and A. d. Bolster denying
the statments contained in the aff-
davits of Furtado. No reply was
made to the affidavit of Juror Davis.
and Judge De Bolt criticised the at
torneys for using a Juror to attack a
verdict he had signed.
The affidavit of Black was to the
effect that he did not hold conversation
with Furtado or make the statements
attributed to him. He claimed to have
been with A. d. Bolster during the
time mentioned by the Portuguese,
and the latter filed a similar affidavit
| in corrobordtion.
Mr.. Dunno, who appeared fer
Wright, presented again the arguments
in support, of the motion which had
been advanced during the trial. He
claimed also that the verdict was con-
trary to the evidence, and stated that
| it was shown that a few days after
the collection of the check of 5000 by
Wright, nearly s12, 900 was paid by him
to the Treasurer.
This case has been thoroughly and
ably presented said the court. in
denying the motion. while counsel
| are always of assistance to the court,
yet in this case / am put to some en-
| barrassment by reason of the ability
and ingenious presentation of the OPP
posing argument. l believe that a
| great many of the contentious advanc-
ed on behalf of the motion have
already been passed upon during the
course of the trial. l feel. on the
whole, that l am compelled to overrule
| the motion.
Now, in regard to the affidavit made
by John NJ. Davis, a juror, wish to
say that l feel that it was improper
to file that. Not only in this case,
but in other cases. should such an affi-
dayit not be filed. I think I am stating
correctly rule laid down by the au-
thorities, that affidavits are not made
or filed except to sustain verdict.
and never to impeach verdict al
ready given. 1t was. perhaps, only
filed for purposes Of confederation.
but it was improperly filed and cannot
be considered as a precedent
The defendant stated that he was
willing to be sentenced Immediately,
and Wright was then called before the
bar. In response to the courts ques-
ton as to whether he had anything to
say why sentence should not be
| passed, he replied that he had not.
"It is an unpleasant duty for me to
pass sentence in this case" said the
court, but nevertheless it is duty
which I must perform. Mr.. Wright is
an intelligent man, and he knows that
the object of the law is not revenge,
that in the administration of justice
there can be nothing else but duty,
however unpleasant 1t may be. How
ever. I believe in the administration
of the law absolutely free from all
harshness, or anything that savors of
harshness.
"A person who has incurred the pen
alties Of the law should not be made
to feel that the administration of Justice
is anything other than solemn duty
One occupying the position which the
|
the defendant occupied as public
accountant, and this question will nc
doubt be gone into in the Supreme
Court, has an important duty. The
law is made for furthering the ends
of government, and for the benefit OF
the people. and you were charged with
the protection and safekeeping OF
public funds. Our laws are very Sc
Ia, la
offense of which you have been con-
yicted; but the court regards the pen
atty as too severe. The fact that the
law gives the court the right to infiic'
very heavy punishment will have nc
weight with me. The law may have
served a useful purpose In the past, but
IL has outlived it's usefulness. The
court is allowed very wide discretion
and ! shall avail myself Of IT. II Is
the sentence OF the court that you be
Imprisoned in oahu prison at hard
labor for a term OF three years. and q
pay the costs OF this prosecution"
Wrights attorneys gave notice OF
appeal 10 the Supreme Court. ana tool
exceptions 90 the conviction as con-
trary 10 the law and the evidence. III
requested that the present bond re-
main and that Wright be discharged
until a new bond could be given. III
asked, also, that the bond be- reduced
10 $1,000. as Wright had been aoguit'
ted ~ the theft 0f 5000, with which
he was charged under the old bond
Judge De Bolt nEsd the bond 90 APP
peal al 5000 which Was given,
COURT NOTES,
F A. Long has reported in the Hose
estate thal The aidos II entitled 90 one
third ~ the estate 90 1870 ~ her d0wel
Interest a. the iims ~ li0sa's death
shioh vac $685. ~ Tho commissioner
recommends that tho niaos BE- RiYsi
the loi a. kaalaNai ~ her shalp
Judgment for plainliH has brrp 90
ieTod 10 tbs case ~ . A Ii0pp A 40
w. loo fhii san
lH ihr alFurfF fuli ~ AkRnH 30 ha
|. / l...L.fl Ill...ll... Iaa aaA..I 10 au aaIal