The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-03-04


ed on behalf of the motion have
already been PASSED upon during the
course of the trial 1 feel. on the
whole, that 1 am compelled TO overrule
the motion.
Now, in regard TO the affidavit made
by John NJ. Davis, juror, wish to
say that / feel that it was improper
to file that Not, only in this case.
but in other cases. should such an affi-
davft not be filed. think am stating
correctly a rule laid down by the au-
thorities, that afidavits are not made
or filed except to sustain a verdict.
and never TO impeach "a 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.
1T is an unpleasant duty for me to
pass sentence in this case" said the
court. but nevertheless it is a duty
which 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 it may be. How
ever, / 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 a solemn duty.
One occupying the position which the
court has been obliged to hold that
the defendant occupied as a public
accountant, and this question will no
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
we're in providing punishment for the
offense of which you have been con-
atty as too severe. The fact that the
law gives the court the right to inf1ict
very heavy punishment will have no
weight with me. The law may have |
served a useful purpose in the past but
it has outlived its usefulness. The |
court is allowed very wide discretion. |
and 1 shall avail myself of it. 1t is |
the sentence of the court that you be |
imprisoned in Oahu prison at hard |
labor for a term of three years. and to |
pay the costs of this prosecution"
wright's attorneys gave notice of
appeal to the Supreme Court, and took |
exceptions to the conviction as con-
trary to the law and the evidence. He |
requested that the present bond re-
main and that Wright be discharged
until a new bond could be given He
asked. also. that the bond be reduced
to $4,000, as Wright had been acquit-
ted of the theft of 5000. with which
ne was charged under the old bond.
Judge De Bolt fixed the bond on APP
peal at $1,000, which was given.
COURT NOTES.
f. A. Long has reported in the Rosa
state that the widow is entitled to one
bird of the estate or s61s5 or her dover
interest at the time of Rosa's death,
which was $5364.S1. The commissioner
that the widow he given
he lot at KaaIawai as her share.
Judgment for plaintiff has been en-
cred in the case of ]. A. Hopp & co.
s. Loo Chit Sam.
In the divorce suit of Akana VS.. Ka-
ookahi, libellee has asked for an order
ompelling her husband to permit her
ccess to his home on Liliha street. She
lso asks seven dollars a week tenn
orary alimony.
CAGE