The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1905-02-10
R|NGLEADER
SENTENCED

dictment with robbery in the first de-
gree, was found guilty of that crime.
while In the same verdict All Kap and
Tom Sing were found not guilty Chung |
Hing, early in the trial. had pleaded |
guilty. Previously two of the defend |
ants had been given the benefit OF
nolle prosequi and released.
ing Hing sprang a surprise upon
court and counsel on both sides when
asked II he had anything to say why
sentence should not be passed upon
him. He said that he was not present
at the robbery, as when 1t occurred
he was employed as a laborer In cut
ting sugar cane at Aiea. This he claim
ed he could prove by four witnesses.
Judge De Bolt then held an exparte
inquiry as to whether the defendant
had stated this defense of an alibi be-
fore. The defendant said he never
stood an examination in the District
Court. and the recollection of Attor-
neys Douthitt and Chillingworth was
that, after twelve continuances In the
court mentioned, a nole prosequi was
entered because the grand jury had
found an indictment.
Mr.. Douthitt accounted for the
silence of ing Hing to himself during
the trial on the ground of lack OF
opportunity, as he had been assigned
to defend ing Hing after the trial had
begun.
Judge De Bolt continued sentence
until a. m. Saturday, when newly
discovered evidence, If any be forth
coming, could be pleaded on a motion
for a new trial.
THE RINGLEADER SENTENCED.
Chung Hing was called up for SEN
tence on his plea of guilty and stood
forth. A burly, fullfaced, strong feat
ured Chinese, no cooler locking Gus
toner has for a long time appeared at
the local bar of justice.
Attorney General Andrews said
Chung Hing was the leader of the
gang. They met at his house. He
made his case worse by going on the
stand and lying to save his accom-
plices. Six indictments We're staring
him in the face, one for robbery and
the rest burglary. In ordinary cir
be taken into consideration. but this
was not an ordinary case. The defend
ant was now under sentence of three
years for burglary.
| S. f. Chillingworth, who was Chung
Fing's counsel, said he did not feel
any animus against the defendant on
account of his having notified the pros
eoution of his plea of guilty without
consulting him. He thought consider
alton should be taken of the large
number of cases against the man and
the fact that he was now under a
| sentence.
Chung Hing, asked if he had any
thing to say why sentence should not
be passed upon him, stated that he
had been sentenced in a former case
to imprisonment for three years. In
the present case ne had followed All
Nam to commit the offense and, as
for the other cases against him, they
were "a put-up job"
SEVEN YEARS GIVEN.
Judge De Bolt thought the former
sentence rather light. He did not wish
to be too severe with him. There had
uoe,,,I,, -, re. e.,
,1io .ho,,,s 49,.
- nv 49,. ,..,a,,.
element of the community were en-
titled to protection and it was the
duty of the court and the officers OF
the law to give that protection. Ven
geance was not the desire of the court
nor the purpose of the law. The sem
tence should be for the purpose of re-
forming the culprit and giving warn
ing TO Others. funishment should not
DC so light as TO make the proceed
ilgs farce nor so marsh as to cause
reNuisioh Oh teehng IN the commun-
NY According 10 the evidence In TINS
ease anu ms own auirissioh' ne nae
Den eo"s io.eu Vi one Oh 'he graves.
oiie''Ses Nno"h " our Jaw ne iiao
80, Gnu
W i' ioOoS anu perhaps
Saata 80 ,,.
sa, ~. up "' nav IA
lo' te', se'iS was 'ieii given Chuhs
" ISL 1T 'ie termination o'
n 'In VI ,''tee years W Which h'
Ill