The Hawaiian gazette., 1904-05-17
SCOTT GETS
OFF LIGHTLY
Pleads Guilty and
Is Fined $500
and Costs.
tFrom Saturdays Advertiser)

,ybv the defendant should receive the
lightest penalty the law allowed From
the statements of counsel 1t appeared
that the offense was not attended py
aggravating circumstance. having con-
sisted in the commission of the act
charged under sudden temptation. lie
had known the defendant for some
years and regarded him always as
man of good character. 1t was some
times harder to confess than to COM
init a crime, hence the conduct OF the
defendant, in coming into court and
confessing his guilt showed at least one
noble trait in his character Defendant
had also engaged to make restitution.
The sentence of the court was that the
defendant pay fine of $500 and costs.
Scott's indictment was returned by
the grand jury in the morning. He ap-
peared for arraignment without coun-
sci, but, at the instance of job Batch
elor. who was in court, j. Alfred Ma
goon spoke a few words asking leniency
of sentence Besides adverting to
Scott's good reputation in the past, the
volunteer counsel stated that the de-
fendant had appropriated the money in
tending to replace it but the shortage
was discovered before the opportunity
for making it good had arrived.
In the Indictment, presented by VIM.
S. Fleming, Deputy Attorney General,
and countersigned by j. c. Axtell, fore
man of the grand jury, it is set forth
that w. b. Scott, on March 30, 1904,
having the custody and keeping of GER
tain moneys of the aggregate value of
s1654.11, the property of 5. NJ. Damon,
S. Il. Damon and II. II. Waity, copart-
ners doing business under the firm
name of Bishop & Company, did embez-
zle, convert and dispose of said moneys
to his own use and benefit, contrary to
the statute.
OTHER INDICTMENTS.
The grand jury also presented the fol-
lowing indictments, and the court al
lowed pleas in all of the cases to be
reserved until this morning or Monday:
Antoine Fernandez, selling liquor
without license.
Ho Sol and Fukuda, separately, re-
ceiving stolen goods.
Pang Chong and John Doe, Jointly,
and Sau Man, selling liquor without
license.
CRIMINAL LIBEL CASE.
F. ]. Testa, indicted for criminal libel
came before Judge De Bolt yesterday
morning with counsel for the first time.
T. McCants Stewart and c. A. Long
appeared for him, asking that his plea
might be reserved until Wednesday.
They had not been long enough con-
nected with the case to look into it
fully, but assured the court that they
believed grounds existed for n motion
to quash the indictment. r. c. Peters,
Deputy Attorney General, strongly op-
posed Il continuance for such a time as
asked. 1t ought not to be later than
Monday. The court split the difference
by continuing the case until Tuesday
SEA BEACH CASE.
Territory of Hawaii VS.. L. b. Kerr,
an injunction of a seawall at Waikiki
beach, was undergoing trial by Judge
De Bolt most of the day. 1t is sort
of test case, whose decision will con-
troll other beach proprietors as well as
this defendant p. l.. Weaver appear
ed for the Territory, and S. II. Derby
of Kinney, McClanahan & Cooper for
the defendant. Mr. Weaver presented
the doctrine that in the case of en-
croachment on the public domain. the
Government as the sovereign could or
der the obstruction removed at its
pleasure without proving that it was
a public nuisance, while If the object
in question was upon private land it
would require evidence to prove it a
nuisance interfering with navigation,
fisheries or other public benefits. In
the first instance everything depended
on the will of the Government, while
in the latter the Government could on d
ly proceed to have the obstruction re-
moved as a common nuisance.
APPEAL HOLDS GOOD.
Judge Robinson, after hearing Mr..
Wilmington FOR the plaintiff and Mr..
Stanley for the defendant, in the case
of Manuel Il. Ferreira VS.. Honolulu
Rapid Transit x Land Co, denied the
motion of plainuff to strike from the
record defendants motion for new
trial. The denial was upon both
grounds pleaded, viz, that the defend
ant had not filed a sufficient bond, and
that defendant had not paid the costs
accrued 10 the time OF fling the mo-
tlop, II was ordered boy the court that
defendant have ten days OF additional
time, after the completion Of truus-
oript Of evidence n which to hle lbs
pil NJ exceptions
kAMALu CASE AFTERMATH.
J.. a. uua NH Vs. n Smith uUs uu
tuai brinru judge G,tr yesterday D.
A NtH.nu aul . laFHuuuJ appeared
iHr plHIuNu Wl u y DUNN. Iug lHr
INi.NI Nt AU W Ma. uHI HHe UHHr