The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-10-16
BOYD GETS
Ten YEARS
Kinney Wants Punitive
Damages Against
S. Parker.


Public Lands, was sentenced by Judge
w. j. Robinson yesterday morning TO
be imprisoned at hard labor for the
term Of ten years. This sentence was
in pursuance of Boyd's conviction as
charged in the indictment, containing
three counts, of embezzling moneys of
the Territory of Hawaii while occupy
ing the dual position of secretary of the
Public Lands Department and sub
agent of lands for the fifth district.
Other indictments are pending against
him for ernbezzlement as Commissioner
of Public Lands, to which Office he was
promoted in the year 1901
When Boyd appeared for sentence,
besides S. F. Chillingworth, who de-
Tended him on trial. former Judge A. 5.
Humphreys attended him as counsel.
Mr.. Chiliingworth, on defendants being
asked to stand up for sentence, made
the motion for a new trial OF which he
had given notice. The motion being
promptly denied, Mr.. Humphreys pre-
sented a motion in arrest of judgment.
This also was denied and the court
asked the defendant the usual question,
if he had anything to say why sentence
should not be pronounced upon him.
Mr.. Chillingworth first spoke for
Boyd, referring to his wife and family
and pleading for leniency on the score
IN, !, -icsea
honorable career.
Mr.. Humphreys followed, speaking of
human frailties in general and Hawai-
ian in particular owing to former free
ferred to Boyd's visit to Washington
with the incentives to spending money
there, making that incident out the
cause of his putting his hand in the
of the wife and children.
Attorney General Andrews remarked
on the disagreeabl task it had been to
him to prosecute Boyd, whom he had
long known and been on friendly terms
with. The temptations of Washington
could not have been the occasion of
Boyd's downfall, for the defalcationS in
this, case were committed before he
went to Washington. Boyd, moreover,
had as much white as Hawaiian blood.
Judge Robinson, in passing sentence
of ten years Imprisonment at hard Ia
Dor, said he took into consideration all
that had been said in the defendants
behalf and in sympathy for his family.
Yet he also had to consider the serious
ness of the offense and the necessity
of making an example to deter others
from like offenSes.
The grounds of motion in arrest of
judgment offered by Mr.. Humphreys
are in effect that the office of Third
Judge of the Circuit Court of the First
Judicial Circuit, assumed to be held by
Judge Robinson, exists under legislation
that is null and void according to the
Organic Act. 1t is contended that the
Legislature had no right to create such
third judgeship, also that one judge
cannot assume the powers of the First
Circuit Court.
If Boyds appeal fails in the Territorial
Supreme Court, habeas corpus proceed
Ings will be instituted to carry the case /
to Washington.
WANTS PUNITIVE DAMAGES.
Judge De Bolt granted the motion of
W. A. Kinney to amend his complaint |
against Samuel Parker for libel. 5. H. |
Derby made an affidavit in support of |
the notion representing that he was |
the attorney who thus far had charge |
IF all proceedings in the cause and that, |
IN preparation for the argument on de- |
nurrer, he discovered that the plaintiff !
was entitled to exemplary and punt |
tive damages. He "avers that, while he |
IS not clear to the effect that exemplary !
damages may not be recovered in the |
above cause under the original COM |
plant therein, the amendment asked |
outs the matter beyond, all question and
s in furtherance of the plaintiffs |
lights
The amendment claimed to be a
,lincher as above is as follows:
THAT the said defendant composed,
printed and published, and caused to
be composed, printed and published the
aforesaid false, seandalous, malicious,
Iibelous and defamatory matter con-
the said plaintiff as herein
above set forth, and expressly caused
the same to be published in the prinei-
pal newspapers of Honolulu aforesaid, '
well knowing that said matter was
false scandalous, malicious, Gbelous
and defamatory, and that it was not
in any way material, pertinent or rele-
want to any matter in the aforesaid
cause. to wit, in the matter of the
of Annie T. K. Parker,
4 minor, but wilfully, wantonly and
solely out of spite and malice TO the1
plaintiff, and contriving and intending
% iniure the said plaintiff in his credit
md reputation aforesaid and in his said
profession as a lawyer, and to cause
t TO be suspected and believed that
1e the said plaintiff, had conducted
himself dishonesty, injudiciously and
improperly in relation to the matters
.eferred to in said libel, thereby great
v injuring abe plaintiff in his satd
.redit and reputation and profession as
. lawyer, and plaintiff claims exem-t
,lary and punitive damages by reason
,<,f- /