The Hawaiian gazette., 1904-05-10


the defense. tn his closing address TO
the Jury. He put forward the theory
that II defendant intended to kill his
wife his aim would not have failed at
distance OF three feet.
MIR. Fleming. closing for the Terri
tory. spoke of the Increasing prevalence
of crimes of violence with weapons He
adverted to the bad record OF the de-
fendant and argued that there was no
doubt of his murderous intention to-
ward his wife In the acts proved against
him.
VERDICT OF GUILTY.
The jury retired at 4.10 and at 4:4o
returned verdict of guilty MI KID
well as foreman orally stating that the
Jury recommended the defendant to the
mercy of the court
Mr.. Long noted exceptions with notice
of motion for new trial.
Mr. Fleming moved for sentence
forthwith and, as Mr.. Long did not
wish to add to the jury's recommended
ton to mercy, he desired himself to
make some remarks. The court and
the prosecution were placed in an em-
barrassing position, the Assistant At
torney General said by the jurys rec
ommendation. He had no doubt the
jury had recommended mercy on ac-
count of the misconduct of the de-
fendant's counsel.
THAT is not correct" Mr.. Kidwell
remarked from the spectators benches.
the jurors having waited to hear SEN
tence after being excused until Monday
morning.
THAT is hardly fair. Mr.. Fleming"
Judge De Bolt said, adding that the
Jurors were intelligent and conscien-
tious men not likely to be swayed by
extraneous circumstances.
Mr.. Fleming withdrew the remark
and proceeded to argue for a substan-
tial sentence as deterrent to the grow
ing prevalence of crimes of the char
acter of Harrison's
MIR. HOGAN AGAIN.
Mr.. Hogan, who had kept his chair
at counsels table meanwhile, now
rose and asked permission to ad-
dress the court Judge De Bolt inform
ed him that, under the law, an attorney
cited for contempt had no right to be
heard until he purged himself of con-
tempt.
you are to appear here at . o'clock
tomorrow morning, Mr.. Hogan" the
court added.
Am l released on my own recog-
nizance?" Mr.. Hogan. inquired. The
court answered in the affirmative.
Mr.. Long. having been worked up by
Mr. Fleming's address, now wanted to
say something He began by char
acteriZing the verdict as mo doubt
compromise verdict" when the court
interrupted him.
Judge De Bolt said defendants coun-
sci had no reason for saying it was a
compromise verdict. To his own mind
| the jury's recommendation to mercy
was based on consideration of all the
circumstances. The Jurors had a right,
and it was their duty, to consider the
evidence relating to the troubles be-
tween defendant and his wife. which
showed that the husband believed he
had good cause for irritation in his
wife's conduct.
| Mr.. Kidwel here interjected a re-
mark to the effect that the court had
| given the sum and substance of the
| reason for the recommendation to mer-
cy.
SENTENCE PRONOUNCED.
Judge De Bolt quoted from Black
stone to show that circumstances such
as those of the case at bar ought to
be considered both by the jury and the
court He was inclined to think that
the defendant was mistaken about his
wife's conduct, but there was no doubt
about the condition of his mind at the
time of the shooting 1t was seen,
while defendant was on the witness
stand, that he was very impulsive. At
the same time, the court was satisfied
that Harrison shot at his wife to kill
her. The recommendation of mercy
was considered in sentencing the de-
fendant to be imprisoned at hard labor
for one year and to pay fine of one
dollar.
The maximum penalty for attempted
murder is Imprisonment for ten years
and q fine of one thousand dollars.
FORTY YEARS IMPRISONMENT
Kawamoto, convicted on Thursday OF
an outrage, was sentenced by Judge
De Bolt yesterday morning to be i'm
prisoned at hard labor for the term
of forty years and to pay a fine OF
: $40.
CIVIL TRIALS.
No great progress was made yester'
day in the trial of j. c. AXtells sui
for $4,000 damages against II. E. Hen
bricks before Judge Gear. Plaintiff
, continued on the stand from Thursday
, for the forenoon. Mr.. Mccormick, wh'
was bookkeeper for Mr.. Hendrick!
when the trouble arose under which HI
! had Mr., Axtell arrested in 1902, occu
pied the stand the remainder of thu
day without his examination con
$ cluding.
e Judge Robinson gave hearing to tn
$ injunction suit of John Lucas agains
+ the Hawaiian American Engineering
= Co. and Superintendent of Publ
Works Holloway. The court granite
i a motion to strike out scandalous mat
ter In the answer OF defendants, wher
IL insinuated that Lucas brought IN
v suit out ot revenge for the injunctio
4 4 al H..s. Itts