The Hawaiian gazette., 1904-10-18
BOYD GETS
TEN YEARS
Kinney Wants Punitive
Damages Against
S. Parker.
tFrom Sundays Advertiser)


f. s. Boyd, former Commissioner o
Public Lands. was sentenced by Judg
w. j. Robinson yesterday morning I,
he imprisoned at hard labor for tn,
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 embezzement as Commissioners
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.. Chillingworth, 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
of the first offense in an otherwise
honorable career.
Mr. Humphreys followed, speaking of
human frailties in general and Hawai-
ian in particular owing to former free
and easy customs of the race. He re-
ferred to Boyd's visit to Washington
with the incentives to spending money
there, making that incident out as the
cause of his putting his hand in the
public till. Mr. Humphreys also spoke
of the wife and children.
Attorney General Andrews remarked
on the disagreeable 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
bor, 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 Boyd's appeal fails in the Territorial
Supreme Court, habeas corpus proceed
ings will be instituted to carry the case
10 Washington.
WANTS PUNITIVE DAMAGES.
Judge De Bolt granted the motion of
w. A. Kinney TO amend his complaint
against Samuel Parker for libel. ;. ii.
Derby made an affidavit in support oil
the motion, representing that he was
the attorney who thus far had charge
of all proceedings in the cause and that,
in preparation for the argument on de-
murrer, he discovered that the plaintiff
was entitled TO exemplary and punl-
tive damages. He "aVers that, while he
is not clear to the effect that exemplary
damages may not be recovered in the
Ia. iHi
plant therein. the amendment asked
puts the matter beyond all question ana
is In furtherance of the plaintin
rights"
The amendment claimed to be
olincher as above Is as follows:
THAT tho said defendant composed
printed and published and caused 10
De composed, printed and published tht
aforesaid false. sCandalous, malicious
ubelous aud detlWatory matter con-
rerniug the said pluiuun as herein
above set forth, ana expressly ennse'
the same 90 br Published lu the prlnel
pal newspapers OF Honolulu nior'sald ld
well knowing that sHld matter Wa'
false, seAudu.nus. malicious, llbeloul
ana drfumntury, and thui IA Was mol
ln any Nuy material, pertinent or rsle
luut 90 uuy matter iu thr uforesal'
rausr. tU Rlt iu the matter ~ ih'
guarIHusnlp af Annie q IS Parker
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