The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-04-29
$500 FINE
FOR TESLA
interruption Of Clerk
MeheuIa's Trial by
Jurors Illness.
(From Thursdays Advertiser

| the United states District Court yes
| terday morning for circulating obscene
printed matter through the United
States mails. Judge Sanford B. Dole
gave him the minimum penalty of the
| law, a fine of 800 and costs of court,
committing him to the custody of Mar
shall E. r. Hendry until the penalty was
paid.
When Mr.. Tesla was asked the usual
question, whether he had anything to
say why sentence should not be pro-
nounced upon him according to law, A.
| G.. NJ. Robertson, counsel for the de-
PENDANT, addressed the court in his be-
| half. In the first place he mentioned
| that the defendant had been convicted
| on but one of three counts in the in
dictment. Then he went on to compare
the offense as proved with what he
| represented as much more fragrant
violations of the law continuously being
committed by such papers as the New
York Police Gazette, the San Francisco
Town Talk, Vanity Fair and other
journals, Of Europe as we'll as America.
United States mails. AS this was not
only the first offense of the defendant
but the first case OF the kind in Ha-
wall, Mr.. Robertson urged that the most
lenient sentence possible under the law
would be adequate and fully serve the
purpose of warning to all who might
require 1t.
j. j. Dunno, for the United States,
joi- tt,a 60 H.,
asking for leniency upon the same gen.
eral ground of first offense and first
case.
Judge Dole, in his remarks prelimf
| nary to sentence, did not entertain the
argument for leniency based on the APP
parent license enjoyed by publications
on the mainland. Perhaps the authori-
ties in some places there were lax in
the enforcement of this particular law,
but that should have no influence on
the conduct of the officers of this court.
An ideal view of the law was that it
recognized offenses against the morals
Of the people, of a tendency to corrupt
their minds, as even more serious than
violations of the rights of person and
property. At the same time this was
a new law for Hawaii and mild pun
ishment for the first offense found
against anybody Hereunder would
probably make newspapermen in gen.
eral careful about what they published.
1t was the practice of courts under
similar circumstances to be lenient, but
If mild examples of offenders did not
prove effective the courts increased the
severity of punishment on succeeding
occasions.
MEHEULA'S TRIAL.
Solomon Meheula was put on trial in
the Federal court yesterday morning for
having, as Clerk of the House of Rep
resentatives in 1908, destroyed certain
vouchers of the seasonal expenses of
that body, contrary to the United
States statute against the destruction
of public documents.
j. j. Dunno, Assistant District Attor-
ney, appeared for the United States,
and C. w. Ashford for the defendant.
The following jury was empaneled
without difficulty: Ernest A. r. Ross,
George Hawley, A. Mckenzie, George
w. Hayselden, A. G.. Ferguson, Robert
b. French, William Wagner, Henry p.
Roth, James Merseberg, II. w. Adams,
C. e. Calvert and John Coffee.
When the court resumed at o'clock
after the noon recess Juror Calvert was
absent and inquiry brought the in
formation that he had been taken i'll.
Court and counsel discussed what was
to be done-continue the trial, begin
anew to empanel another jury or pro-
coed under stipulation with the eleven
jurors present. Mr.. Ashford suggested |
the aforementioned course, while Mr..
70 Mr..
Calvert could not attend within a rea-
sonable time. Judge Dole wanted first |
of all to receive a Doctors certificate |
of the jurors condition. Deputy Mar
shall Winter through the use of the |
telephone was able to report that the |
medical certificate was being sent in |
and that the physician believed Mr.. !
Calvert would be able to resume his |
seat as a juror in the morning.
Judge Dole then excused the jury UNI
til o'clock this morning. In the mean
time an argument between counsel be-
gan on the admssibiity of circumstan-
tial evidence. Judge Dole ruled in favor
Of the evidence, which consists of
still eXtant.
The question arose after Mr., Ash
ford refused to admit that the book
OF House vouchers OF l5Vo cpHlulhSu
what 1t purported to do, Then An
drew Adams "A member of the grand
Jury was called 10 prove the vouchers,
but MIR Ashford objected To the ques-
ton II witness had been such MEM
Der, Defendants counsel claimed the
record was best evidence, hence Walter
a. Mailing, clerk of court, was put ON
10 prove the iurorship Of Air, Adams.
When tho latter returned 60 the
stand, Mr. Ashford objected 10 the
course the examination was laklnH
Alr Dunno, the witness helms excused
argument stated that be- IN
tended a. prove that hehrnla cold lhn
srlnd iurY lhai lhr book H0nlalnrd an
NJ ihr vouchers Nhelrss M fnrl 10
y ple mlHslnH unl ln seven NJ lhras lho
irfpHiani vac pflsapalif Interested
Tlr rknnirlATihU pAlh fun
NlnH nlHlnnf M nllMHluf WsN ~
l E.aHlI ~ Ia a.. Mll.IIUHAINN - imam.