The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-05-07

| Mr. Fleming. closing for the Terri
toYv. smoke of the increasing prevalence
of crimes of violence with weapons. He
adverted to the bad record of the de-
PENDANT and argued that there was no
doubt of his murderous intention to-
ward his wife in the acts proved against
! him.
VERDICT OF GUILTY.
The jury retired at 4:10 and at 4:4s
returned a verdict of guilty, Mr.. Kid
wen as foreman orally stating that the
jury recommended the defendant to the
mercy of the court.
Mr.. Long noted exceptions with notice
of motion for new trial.
Mr.. Fleming moved for sentence
forthwith and, as Mr.. Long did not
wish to add to the jury's recommends
ton to mercy, he desired himself to
make some remarks. The court and
the prosecution were placed in an en-
barra ssing position, the Assistant At
torney General said, by the Jury's rec
ommendation. He had no doubt the
Jury had recommended mercy on ac-
count of the misconduct OF the de-
PENDANTS counsel
.9That is not correct" Mr.. Kidwell
remarked from the spectators Benches,
'
tence after being excused until Monday
morning.
THAT is hardly fair, Mr.. Fleming"
Judge De Bolt said, adding that the
jurors We're intelligent and conscien-
tious men not likely to be swayed by
extraneous circumstances.
Mr. Fleming withdrew the remark
and proceeded to argue for substan-
tial sentence as deterrent to the grow
ing prevalence of crimes of the char
acter of Harrison's.
MIR. HOGAN AGAIN.
Mr. Hogan, who had kept his chair
at counsel's table meanwhile, now
rose and asked permission to adj
dress the court. Judge De Bolt inform
ed him that, under the law, an attorney
cited for contempt had no right to be
heard until he purged himself of con-
tempt.
You are to appear here at 9 o'clock
tomorrow morning, Mr.. Hogan" the
court added.
Am I released on my own recog-
nizance 2" Mr.. Hogan inquired. The
court answered in the Affirmative.
MIR. Long, having been worked up by
Mr. Jennings address. now wanted to
say something He began by char
acterizing the verdict as mo doubt a
compromise verdict" when the court
interrupted him.
Judge De Bolt said defendants coun-
sci had no reason for saying it was
compromise verdict. To his own mind
the jury's recommendation to mercy
was based on consideration of all the
circumstances. The Jurors had right,
and it was their duty, to consider the
evidence relating to the troubles be-
tween defendant and his wife, which
shovel that the husband believed he
had good cause for irritation in his
wife's conduct.
Mr.. Kidwell here interjected a re-
mark to the effect that the court had
given the sum and substance of the
reason for the recommendation to mer-
cy.
SENTENCE PRONOUNCED.
Judge De Bolt quoted from Black
stone to show that circumstances such
as those of the case at bar ought to
be considered both by the jury and the
court. He was inclined to think that
the defendant was mistaken about his
wife's conduct, but there was no doubt
about the condition of his mind at the
time of the shooting. It was seen,
while defendant was on the witness
stand, that he was very impulsive. At
the same time, the court was satisfied
that Harrison shot at his We to kill
her. The recommendation of mercy
was considered in sentencing the de-
PENDANT to be imprisoned at hard labor
for one year and to pay a fine of one
dollar.
The maximum penalty for attempted
murder is Imprisonment for ten years
and fine of one thousand dollars.
FORTY YEARS IMPRISONMENT
Kawamoto, convicted on Thursday of
an outrage. was sentenced by Judge
De Bolt yesterday morning to be inn
prisoned at hard labor for the term
of forty years and to pay a fine of
$50
CIVIL TRIALS.
No great progress was made yester-
day in the trial of J. C. Axtells suit
for $4,000 damages against H. E. Hen
bricks before Judge Gear. Plaintiff
continued on the stand from Thursday
for the forenoon. Mr.. Mccormick. who
was bookkeeper for. Mr.. Hendricks
when the trouble arose under which he
had Mr.. Axtell arrested in 1902, occu-
pied the stand the remainder of the
day without his examination con-
GLIDING
Judge Robinson gave a hearing to the
Injunction suit of John Lucas against
the Hawaiian American Engineering
Co. and Superintendent of Public
Works Holloway. The court granted
a motion to strike out scandalous mat
ter in the answer of defendants, where
it insinuated that Lucas brought the