The Hawaiian gazette., 1904-04-26
THUGS ARE
+. SENTENCED
Chinese Robbers
Get Fifteen
Years.
(From Saturdays Advertiser)

| VI ioil t'dtuTudy AuNeTtlSeT)
Sentence was pronounced by Judge
De Bolt yesterday morning upon the
three Chinese convicted Of robbing a
Japanese in his house at waipahu
Oahu Sugar Co.'S plantation, at the
point of loaded pistol. They despoil-
| ed their victim Of SO cash, which was
the smallest part of the crime in point
| OF villainy. 1t was their violence and
threats of death which put the offense
easily in the first degree. Lee Jim,
Chew Hoy and Lee Yok were the Gull
prits, and one after another they were
| sentenced to Imprisonment at hard la
Dor for fifteen years.
Chew Hoy and Lee Yok, through In
terpreter Ii Cheung, begged the court
to sentence them to death rather than
such long penal servitude. THE court
has no power to do that" the Judge
responded. He had previously inform
ed them that he might, under the law,
give them life imprisonment and that
he believed there was statute in Ha-
wall at one time providing the death
penalty for robbery in the first degree.
Another indictment for robbery is
pending against the same men, for the
robbery of a Japanese living back in
the mountains the same night as the
crime for which they have been SEN
fenced. Moreover. they are suspected
of the robbery of a white woman at
Waipahu, or at least to belong to a
gang that committed that crime and,
further, to have done murder on the
Eva road in the case of a dead Jap
anese found with his pockets cleaned
out.
JURY TRANSITION PERIOD.
In a unanimous opinion, written by
Chief Justice Frear the Supreme Court
has sustained Judge Little of the
Fourth Circuit in his overruling Of a
challenge to the array of jurors and
of a motion to quash the venire. The
questions arose in the case of Territory
of Hawaii VS.. Ng Kow. When much
of the old jury law of Hawaii had been
repealed by the Organic Act, Circuit
Judges We're at loss and took differ
ent ways to decide as to how juries
should be obtained until the Legisla-
ture enacted a new jury law.
Judge Little decided to select jurors
under what remained of the old law
and, to be on the safe side further, he
summon the same jurors as those so
selected. The court in it's syllabus |
holds that it is immaterial whether an
open venire was invalid or whether |
such could issue at all under our
statutes, If the venire under the statute |
was valid. That the venire under the |
statute was valid is held as follows:
From the establishment of Terrific
ri ont init h. ;,,,., Low
of 1903 took effect, it was proper to
obtain trial juries in the mode pre-
scribed by the Hawaiian statutes as
amended by the Organic Act. The
Organic Act did not repeal so much of
such statutes as to leave the rest in
operative"
given:
The exceptions are overruled and
the case is remanded to the Circuit
Court for any further proceedings that I
may be proper and consistent with this
opinion"
l.. Andrews, Attorney General for
the Territory; Kinney, McClanahan &
Biselow, Smith & Parsons and Thayer
& Hemenway for the defendant. The
strong array of counsel against the
Government is explained by the fact
that many criminal cases tried in what
may be called the Jury transition pc
riod' depended on the issues in this
case
MISSING THOUSAND DOLLARS.
In the matter of the estate of Kua-
ana (w), deceased, Judge Robinson ap-
pointed j. a. Thompson as administrator
under a bond of $1,000. Edmund II. ;
Hart had been the temporary admin
strator on the petition of Henry II. j
Huihui, who prayed for the same ap-
pointee in permanent capacity. At .
The hearing c. w. Ashford appeared
'or the petitioner, and w. Il. Rawlins
Tor ID. kailua, contestant 1t was at
he request of Rawlins that Thompson
VAS appointed, Ashford having no OBJ
ections to the appointment. Huihui
claimed to be the nephew of deceased
esifying ut former hearing that he
lnew of no other relative. He bellev-
ii II was necessary to have a Temporal
y administrator at that time. so that
me kaiewe (kr, who had lived with
he deceased, should not dispose of the
1000 cash which the petitioner under
TODD to constitute the estate.
In the hearing, when Thompson was
appointed, Kaiewe failed 10 account
on the $1,000 and was summarily COM
nllted to the grand jury, I
OTHER PROBATE MATTERS,
Judge Robinson granted the petition !
u W, y, Allen, guardian ~ walter /,
ioss npfrrgell and Loonora opfrrgelt,
minors, 60 Increase their monthly all
nWanco from $40 lo 500 Walter Is now
a. ana Lr0nora is years of aRr ANA
hn petitioner represented that the
nuurr allowance Was Inadequate va
'firr purtll} ip rare inr ana educate
bonn. OWNS ip ihrlT hifAntinH gpHlH
.ul increasing needs mo lnrnW0 NJ
hr rsi4ie lor 1909 Nas 900 ana 49,
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