The Hawaiian gazette., 1906-10-09
GEO. WA|NEE
CONVICTED

George Wainee was found guilty g
manslaughter In the second degree, tn
jury adding recommendation OF tn
defendant to the mercy OF the court
He was indicted for murder In the frs
r degree being charged with innictini
wounds upon Kali, woman livini
/ with him. ON June last which causet
her death on the following day.
The tragedy took place at Kalihi de
tention camp, a place of tenement'
since its use in the quarantine periot
of 1900 and had the concomitants OF
carousing and gambling and quarreling
1t took the jury about three hours tc
reach its verdict, which was rendered
at $3.50 yesterday evening.
third remove below wilful MURDERS
Imprisonment at hard labor not more
than ten years or less than five years
! There are two lower degrees of homi-
eide than that of which Wainee is con-
victed-manslaughte In the third de-
gree with maximum penalty of five
| years or fine of not more than one
thousand dollars. and assault and bat
terry, with penalty of Imprisonment not
more than two years or nne not exceed
ing five hundred dollars.
Wainee was put ON trial two weeks
ago yesterday, jury being obtained
on the Thursday following. f. +.
Prosser, Deputy Attorney General, con-
Quoted the prosecution, being attended
by Chester Doyle, the so-called Grim
inoogist' of the department who at
tends to working UP evidence. For
the defense 5. b. Kingsbury, Robbins
b. Anderson and VIM. Il. Rawlins ap-
peared.
Mr.. Kingsbury took all of yesterday
up to a few minutes before p. IN. in
his closing address to the jury, which
was in some respects a remarkable
deliverance. He descanted on the
power of the executive in this Terri
tory, saying that Governor Carter was
a bigger man than General Grant as
President had been. Hawaiis criminal
laws were denounced as unjust, giving
defendants unfair deals, as, for one in
stance, the right of the prosecution to
the last word in a trial. The large
proportion of convictions In Hawaii, the
orator argued, was evidence of the Sc
verify of justice here.
Honolulu newspapers We're, in coun-
sells estimation. sensational and dis
posed to lie about criminal cases out
of the good motives of the reporters.
Mr.. Kingsbury, when he descended
tended that the evidence showed moth
ing more than the commission of as
sault and battery by the defendant He
instanced by way of extenuation the ,
belief that II was proper for !
a man to chastise his wife. Indeed, the
English law a few years ago encour-
aged wife-beating and Ben. Franklin (
believed in the practice.
Mr.. Prosser after a short recess, !
closed for the prosecution in his usual
and impressive manner. His
address and the delivery of the courts
took the rest of the time
until the jury retired at $50.
THE MAUI TERM.
On Judge Kepoikai's calendar for the
October term of the Second Circuit
Court, opening at Wailuku tomorrow.
here are seven criminal cases, 20 civil
ury cases and one jury-waived case.
Of course the grand jury will find some
additions for the criminal calendar
COURT ITEMS. t:
In the order made by Judge De Bolt
Armin Hanepurg, admin
strator of the estate of l.. Ahlo, de-
eased, to borrow money for harvest ;
ng the rice crop, 1t Is directed that
he moneys obtained from the sale Oh
he rice be kept apart from moneys
btained from sales OF other assets and
eld until further order of the court.
C. Ming Hymn VS.. Wong Kwai ct al.
vas ordered struck from the calendar
W Judge De Bolt. 1t was an appeal I
rom a judgment for plaintiff. by Dis
riot Magistrate Lyle A. Dickey, on
10, 1903, for $273.53
Judge Robinson entered judgment for
i'm the suit OF Francisco de
'ouza VS.. ]. j. Souzs, for the fun
mount claimed, SIG, together with
80 As interest, and attorneys commits
ions and costs to be taxed by the
Jerk
Witnesses for the Sunday priZe-fght
INQUIRY and a host or Japanese, sub
oenaed In about thirty committals.
sade a big crowd in the Federal court
orridors yesterday. Their first appear :
noes will be before the grand jury.
Yesterday the Supreme Court was en- 4
aged in hearing questions submitted 4
n the construction OF the will OF the
tie George Galbraith. who left an ss- /
ate worth over a quarter of million !
ollars Henry Holmes, X, b. Ander- \
on and c. II. Olson Joined in the /
rgument.
Judge Robinson began the hearing OF :
ne Holt will construction case yester-
ay. About fourteen members of the Z
ar appeared for different parties to y
ne suit
Captain Saunders OF the Manchuria, I
efore sailing yesterday, had to put up
bond of $500 In the Federal court to
nswer a charge OF allowing Chinese ;
.borer to land contrary to law. !
ATTEND FUNERAL. I
Robert Schroeder, late gunner's mate, 4
7. S. N, died at his home here yester- Z
ay morning, his body being inferred y