The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-10-20

terpreted. readily declared that he was
still willing so to plead.
Henry Hogan, the associate counsel
who had conducted the examination or
jurors on behalf of the defense, then
desired to offer a few remarks In as
sociating himself with Mr.. Creighton,
he said. it was done on account of Mr..
Creiehton's i'll health and his friendship
for him The question defendant,
counsel had to consider was mainly
that of the admissibility of certain
testimony They would not have advls-
ed any man to make such a plea as
that offered except for the gravest or
reasons. Neither entreaty nor persua-
sion had been used to induce the de-
PENDANT to change his plea. AT the
noon hour. accompanied by the official
interpreter Mr.. Creighton and himself
had visited the defendant in his cell.
They told him that he was once con-
victed of murder in the first degree, but
the verdict was set aside merely on &C
count Of an error committed by the trial
court. No persuasion was employed,
but the defendant of his own free will
chose the alternative of standing trial
for his life. Mr.. Hogan asked that
next. so that the court might have an
opportunity of perusing the testimony
from the first trial.
Mr.. Prosser, answering the courts
question stated that the prosecution
would accept the changed plea.
Mr.. Creighton asked that the jury be
called in and discharged. When this
was done, Dengiro repeated his plea in
nresence of the Jury.
Judge Gear ordered the new plea en-
tered, continued sentence until Mon
day and discharged the jurors from fur
ther consideration of the case.
DENGIRoS CRIME.
The crime for which Dengiro has
narrowly escaped the gallows was one
of peculiar atrocity, ranking close TO
that of parricide. He killed his uncle,
who was also his foster father. in
cool and deliberate manner. Tt was a.
crime, also, in which ingratitude and
treachery strongly figured.
His uncle had brought him up in
Japan and paid his expenses out to
these islands. Then he maintained
him in idleness for six months at Ma
kee Sugar Co.'S plantation. At length
the old mans patience with the lad
became exhausted and. giving him
twenty dollars, he told him to go to
Honolulu and hunt up work.
Instead of going to Honolulu, Dem
giro went into the village of Kapaa
and bought fve-shooter revolver and
ammunition Then in the dead Of
night he went to the door of his UNI
cle,s house and knocked. The old man
opened the door, when he was plugged
four times with bullets from his
nephew's pistol. He fell to the ground.
Dengiro went away and reloaded his
weapon full, and returning to the house
discharged all five bullets into the body
OF his victim. At his first trial at
Lihue. Kauai, he claimed self-defense,
but it was proved that the old man
had not had a weapon in the house.
The testimony that Dengiro's coun-
sell had under discussion at recess yes
terday was that of the murdered mans
widow, who is now absent in Japan.
They concluded that it's admission
could not be successfully opposed and
considered that its effect on the jury
would be stronger than if given in
person by the witness with emporium
ity for cross-examination.
FEDERAL JURORS EXCUSED.
Originally excused until this morn
ing, the Federal jurors were further ex-
cused yesterday by Judge Dole until
10 o'clock on Monday morning. Pleas
of guilty having been entered in cer-
tain cases, no others would be ready
for trial this week.
Inone, for an immoral offense, was
sentenced to two months at hard labor
Shokichi Kitazaki, for conspiracy to
induce crime. was sentenced to pay a
fine of $1,000 and to be imprisoned at
hard labor nine months.
COURT NOTES.
Defendants motion for new trial
in the case of Harry Johnston VS.. Lee
Toma & Co. was argued yesterday aft
ernoon before Judge Robinson, who
reserved decision.
The Cochran divorce case is set for
o'clock this morning before Judge
Robinson.
There was session of the Tax APP
peal Court yesterday afternoon, to hear
the case of Pacific Hardware & Steel
Co., a foreign corporation.
Edith Eldridge Pond has petitioned
the Court of Land Registration for a
title to lot SO on Anapuni street, rs
feet frontage and 125 feet depth. This
is the twenty-third application for title
since the Torrens system came INFO
operation here.