The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1903-10-23

| Tor Sill3,S3 ThaSer " Hemenway ap-
peared for plaintiff, and Castle e With
ington and w. l.. Whitney for defend
ant. The following jury are trying the
case, which is still on: Il. II. Moss
man, Jno, Kuaana, Jas. A. Aud, G. T.
Potter, =. NJ. Lucas, NJ. w. Parkhurst-
b. Guerrero, c. NJ. Dwight, o. J. Holt,
|. Adams, G. II. Karratti and Il. {,
Holstcin.
HEAVY SENTENCE.
"Matsumoye: 1t is the Judgment ane
sentence Of this court that you be Inn
prisoned at hard labor for the period
of twenty-five years"
This was the sentence pronounced By
Judge Gear yesterday morning upon
Matsumoye, whom jury had foune
guilty OF robbery in the first degree.
When the usual question was asked OF
the defendant IL he had anything %
say why sentence should not be pass
ed at that time his counsel. ]. w
Cathcart, addressing the court asked
for leniency on behalf OF the defendant
and, when sentence was passed. noted
an exception thereto.
In passing sentence the Judge re-
marked on the recent prevalence OF
highway robbery and said that light
sentences would not have the deterring
effect which was an object of punish
ment 1t was not important in the
case that the amount Of money taken
from the victim was small.
| Matsumoye, as was testified OF
High Sheriff Brown, had been employed
temporarily as n police officer. He
retained the badge and the pistol be-
longing to the police department, which
articles he used to lmpersonate e.
policeman In holding up a Chinaman
near Waikiki turn. He is "a years OF
| age.
Assistant Attorney General w. s
Fleming prosecuted the case.
MACHADO ACQUITTED.
The jury trying Joachim Machnf'p
under Indictment for assault with 3.
deadly weapon, in stabbing A. V. Peters
with knife in defendants house at
Kaimuk, retired after being lengthilr
instructed upon requests of counsel on
both sides and the courts own motion
at p. IN. yesterday. NOT having
agreed on a verdict at 2 o'clock the jury
were sent downtown to lunch.
Henry Hogan delivered the closing
auuTesS " TIC Jul loI thS
He laid stress on what he character
lied as the unwarranted entry OF Pet
ers into his brother-inlaw house to
lecture the master of the castle on his
habits and argued case of self-de-
Tense from the evidence.
a. G. M. Robertson replied for the
prosecution. Admitting the well-known
and ancient castle" theory, he con-
~. yn1n
tives, friends or acquaintances might
not lawfully visit private home II
visitor was not welcome he could bs
requested to leave and IL he refused
might be elected by just so much force
as was necessary but no more. There
was no justification for the use OF
weapon in such n case unless to de-
fend person or property from Violence
The evidence that defendant was held
in a corner and throttled by Peters be-
fore the former seized knife hnG
stabbed the latter was ridiculed and
represented from the plan of the house
and articles of furniture to be unhe-
lleVable Counsel maintained that on
" miracle saved Peters from being
pierced through the heart, as the knife
had been stopped by striking a rib.
At 4:15 the jury came into court with
verdict of not guilty and the de
PENDANT was discharged.
COMPLICATED CASE.
T.. Santos was placed on trial yester-
day afternoon for embezzlement Of n
steel safe from Chnaman. w, s.
Fleming, Assistant Attorney General
prosecuted and j. Lot Kaulukou de-
Tended the accused. After but single
challenge by the prosecution, the fol-
lowing jury was found satisfactory and
sworn: Jesse Z. Makainai, T. IL
Wodehouse, j. f. C. Abel, Geo. W.
Hayselden. David +. Thrum, Chas.
Spencer, A. *. Vierra, Jas. d. Cockett,
JOS. X. Clark. w. NJ. Bush, Jas. b
Pakele and VIM. II. Hogs.
The jury retired at 4:20. At $3.50 they
sent in word that 1t was impossible for
them to agree. Judge Gear ordered
them taken out for dinner. while the
court took recess until o'clock.
In the meantime Mr.. Kaulukou in
formed the court of the defendants
previous sentence the present term
elsewhere reported.
At TAO the Jury came in for instruc-
tons, when Juror Clark stated his
purchase Of the safe. He gave the
impression that he was the only one
hanging out, which was later dispeliea-
Judge Gear repeated his instruction
that If they believed the transfer oil
the article was purchase, even If no
money was paid. they could not hnd
the defendant guilty.
The jury came in again at $50 and
said they could not agree. Clark ssie
they had taken seven ballots ana
stood. with but one variation, seven to
five all the time. He piurted out, he
fore the Judge could check him., that
the seven were for acauittal. Juror
Hoogs interjected the statement thai
Mr.. Hayselden and not the volunteer
spokesman was their foreman, Judge
Gear. with renewed instructions, sent
the jury out to try again. Up to 10
o'clock they made no sign.