The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-10-09
Geo, WA|NEE
CONVICTED
MansIaughter in Second
Degree With Mercy
Bespoken.

George Wainee was found guilty OF
Jury adding a recommendation of the
defendant to the mercy of the court
He was indicted for murder in the first
degree. being charged with inf1icting
wounds upon Kali, a woman living
with him, on June last which caused
her death on the following day
The tragedy took place at Kalihi de-
tention camp, a place of tenements
since it's use in the quarantine period
of 1900. and had the concomitapts OF
carousing and gambling and quarreling
1t took the jury about three hours to
reach it's verdict, which was rendered
at $50 yesterday evening.
The penalty for the crime found-the
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 hoInl-
eide than that of which Wainee Is con-
victed-manslaughter 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, a jury being obtained
on the Thursday following. F. F.
Prosser, Deputy Attorney General, con-
Quoted the prosecution, being attended
by Chester Doyle, the so-called Grim
inologist' of the department who at
tends to working up evidence For
the defense S. b. Kingsbury, Robbins
| B. Anderson and VIM. I. Rawlins ap-
peared
Mr. Kingsbury took all of yesterday
up to a few minutes before 4 p. m. In
his closing address to the jury, which
was in some respects 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. Hawaifs 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 were, in coun-
sells estimation. sensational and us
posed to lie about criminal cases out
of the good motives of the reporters.
Mr. Kingsbury, when he descended
to argument of the case in hand, con-
tended that the evidence showed moth
| ing more than the commission of as
sault and battery by the defendant. He
instanced by way of extenuat1on the
Hawaiian belief that it 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 short recess,
closed for the prosecution in his usual
collected and impressive manner. His
address and the delivery of the courts
| instructions 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 Waikiki tomorrow.
there are seven criminal cases, 23 CIVIL
jury cases and one jury-waived case.
Or course the granu jury VIII anu Soiiie
additions for the criminal calendar.
COURT ITEMS.
In the order made by Judge De Bolt
empowering Armin Hanepurg, admin
istrator of the estate of L. Ahlo, De-
| ceased to borrow money for harvest
| ing the rice crop, it is directed that
the moneys obtained from the sale OF
the rice he kept apart from moneys
obtained from sales of other assets and
held until further order of the court.
c. Ming Hymn VS.. Wong Kwai ct al.
was ordered struck from the calendar
bv Judge De Bolt. II was an appear
from a judgment for plaintiff, by Dis
| trict Magistrate Lyle A Dickey, on
January 10, 1903, for $273.53.
Judge Robinson entered judgment for