The Hawaiian gazette., 1904-01-26
U, S. COURT
CLEARANCE
Sentences Passed
and Cases Put
Over.

Judge s. h. NDolc had sort OF
clearing ont 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.
NoShi, a woman of the combination,
was nolc pros and discharged. Saki-
Chi Alatsuokc was released by the same
process. as there had been 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 i'll the case
of Miyamura, convicted of conspiracy,
being that evidence seized without a
search warrant could not legally be adj
mitted against an accused person.
HAkUOLE SENTENCED.
James X. Hakuolc who pleaded guilty
OF cmbcz2ling public money while EN-
ploved as interpreter and cashier in the
Internal Revenue Office was b ought UP
ior sentence J. w. Cathcart made an
earnest plea for leniency. He said the
defendant made an honest record as i'll
tcrprcter 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. Hakuolc was sup
porting family of seventeen persons,
including a wife and child, and the mon
ey he unwiscly borrowed was for his
household nccessarics.
Judge Dole. coincdihg with the, at
torneys sentiments, said:
MY observations have led 10 the con-
clusion that ENLIGHTENMENT is generally
committed without an Intention TO be
dishonest. Ii is usually by r. Ions who
are not alive TO their responsibilities as
trustees of funds and who t7kc money
for their immediate use with clear and
1cnnite intent to make it up the next
day, or when it is convenient 1t is
lone without any definite idea Of wrong
and, particularly with a Hawaiian'
without deliberation. Not lot is talk
IN for speculation, but few dollars to
spend on necessary expenses with the
dca Of making it UP.
THE minimum sentence of the fed
,ral law is heavy for certain class OF
,ascs, and this is one of them | I'M
lerstand that the defendant has paid
pack all he has taken. | would gladly
make the punishment less than the re-
luirements of the statute, as | feel
hat lesson has been learned. The
United States has had so much diff
ulty in protecting its finances in the
'arcty and complexitv of its official
ystem, however, that Congress saw fit
o take strong precautions and provide
eavy punishmcnts, to educate and de-
cr people from this class G: offenses.
he minimum penalty i'll this case is
tx months Imprisonment and a fire
quail to the amount cmbezzled, which
) $I64, with costs, and that is the SEN
ence of the court"