The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-01-26

Hakuole has Sympathy
Yet Lowest Penalty
Is Heavy.
VIM. McCarthy Pays for Stubborn
Disregard OF Law-Rights OF
Passengers Limited.

Judge S. B. Dole had a sort of
!. clearing out session of the Federal
court yesterday. Being the last day OF
the Honolulu term, something had to be
done with cases remaining on the docket
Matsuoke BunJi, Nakamaru Juske and
Shigamatsu, belonging to the eighty in
the blanket Indictment for conspiracy
to defeat United States laws, came up
for sentence on their pleas of guilty.
They confessed after having been ar
rested and were used as witnesses in
| the trials of others. Judge Dole took
these circumstances into account and
gave the light sentence of imprisonment
| three. months and payment OF costs.
Yoshi, a woman of the combination,
was nolle pros and discharged. Saki-
chi Matsuoke was released by the same
process, as there had been a flaw in the
evidence against him.
Wada, changing his plea to guilty, was
sentenced for six months Twelve cases
of the same list were continued till next
term, bail in each being reduced to $1,000.
Judge Dole heard argument on the
constitutional point raised in the case
of Miyamura, convicted of conspiracy,
being that evidence seized without a
search warrant could not legally be adj
m1tted against an accused person.
HAkUOLE SENTENCED.
James K. Hakuole, who pleaded guilty
of embezzling public money while en-
pioved as interpreter and cashier in the
Internal Revenue Office, was brought up
for sentence. J. w. Cathcart made an
earnest plea for ieniency. He said the
defendant made an honest record as in
terpreter in the courts, a position that
afforded opportunity for crooked work.
1t appeared he had used small sums
from official collections, without other
intention than TO restore the amount
when possible. There was no. intent to
rob the Government Hakuole was sup
porting a family of seventeen persons,
including a wife and child, and the mon
ey he unwisely borrowed was for his
household necessaries.
Judge Dole, coinciding with the at
torneys sentiments, said:
MY observations have led to the con-
clusion that enlightenment is generally
committed without an intention to be
dishonest. 1t IS usually by persons who
are not alive to their responsibilities as
trustees of funds, and who take money
for their immediate use with clear and
dennite intent to make it up the next
day, or when it is convenient. 1t IS
done without any definite idea of wrong
and, particularly with a Hawaiian,
without deliberation. Not lot is TAX
en- for speculation, but a few dollars to
spend on necessary expenses with the
idea of making it up.
THE minimum sentence of the led
era1 law is heavy for certain class of
cases, and this is one of them. un-
derstand that the defendant has paid
back all he has taken. / would gladly
make the punishment less than the re-
quirements of the statute, as | feel
that a lesson has been learned. The
United States has had so much diff
Guilty in protecting its finances in the
variety and complexity of its official
system, however, that Congress saw flt
to take strong precautions and provide
heavy punishments, to educate and de-