The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-06-28
.ONE YEAR
FOR EACH
Sentence Passed
By Judge De
Bolt.
tFrom Saturdays Advertiserl

From Saturdays Advertiser)
Jonah Kumalae and Enoch johnson,
convicted of conspiracy. were sentenc-
ed by Judge De Bolt each to be inn
prisoned at hard labor for one year and
to pay fine of $780, the latter repre-
senting one-haf of the costs of prose-
cution. The offense charged was that
of conspiracy to defraud the Territory
of s3l2.5O in the guise of expenses of the
House of Representatives special COM
mittee on the "Chinese fund"
Previous to sentence the court denied
a motion for a new trial. When de-
PENDANTS were asked if they had any
thing to say why sentence should not
be passed upon them, they motioned
toward their counsel and said he would
speak for them.
c. w. Ashford counsel for defendants,
argued that the evidence showed gross
cheat and not conspiracy if it proved
anything, and claimed that the penalty
should be pronounced as for the less
serious offense. Then the attorney
called attention to what he designated
persecution of the defendants by the
Advertiser saying he was not only re-
|
the trial but, particularly, to an edi-
torial in the previous days issue of the
Advertiser wherein he said the Judge
of that court was sought to be threat
ened and cajoled, bullied and fiattered,
into inficting sentence more severe
than he might otherwise infict." Mr..
Ashford considered such methods in
1 decent and outrageous-an outrageous
| attempt to influence court of justice.
Attorney General Andrews, replying,
said in effect that nobody could imagine
that any public officer, including the
court and himself, was going to be
swerved from his duty by what might
be said in the newspapers. If a news
paper aided in ferreting out crime and
ascertained certain facts, it seemed to
him that it had the privilege of pub
| fishing the facts. He said this latter
in reply to Mr.. Ashford's statement
that jurors on their examination adj
mitted that they had been influenced
by articles in the Advertiser
1t was painful duty that devolved
on him, the Attorney General said, in
prosecuting two men whom he knew
well and had been on good terms with.
Yet it was his duty to ask for severe
sentence, as the defendants We're men
of ability and education who must have
fully realized the gravity of the offense
| they We're committing.
Judge De Bolt paid attention first to-
the newspaper article of which counsel
for defendants had complained. He
spoke of the press as powerful for both
good and evil. The editor responsible
for the article, he went on to say, must
have intended either to njure the de-
PENDANTS or to insult the trial judge.
AS to the former motive, he said the
defendants would not be injured by the
article, for if it could have any intlu-
ence with him the effect would be to-
modify his determination of adminis-
tering strict justice. Taking the other
view of the article as concerning him.
self, he would pass it over without no.
tice.
With regard to the prime matter be-
fore the court, Judge De Bolt referred
to the notorious frauds disgracing the
two last legislatures. 1t was necessary
to purge the Legislative halls if there
was to be any hope for these islands.
Kumalae, as a member of the Legis-
lature, had taken an oath to guard the
interests of the people who gave him
the trust. Competency and absolute
honesty We're two essentials of legis-
lator, but of these competency could
more safely be spared than honesty.
If there We're not some competent and
honest men in the Legislature, though
all too few, he did not know where the
country would be today.
johnson was a man of intelligence
and ability, member of the bar who
must have known and appreciated the
evil of the course on which he was set
ting out.
The verdict of the jury the court felt
was absolutely correct, and the imposi-
tion of fine would be n quite made
quate punishment. 1t was the sentence
of the court that each defendant should
be imprisoned at hard labor for one
year and pay fine equal to half the
costs of prosecution. The costs We're
later taxed at $3.50 against each de-
fendant
Mr.. Ashford was granted thirty days
for obtaining transcript of the evil
dence in which to file a bin of eXcep-
tions.
BAH ON appeal was fixed at $1,000 for
each defendant, and Kumalae and
johnson We're taken into custody until
such should be furnished
MAlAuLu PLEADS,
stephen Mahaulu, former chief clerk
In the Land office, yesterday morning
pleaded not guilty % his three indlot-
menls for emheaslement aud the cases
were continued lill The September
lem
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