The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1906-10-10
''ONLY A WOMAN
WAS KILLED.
CONTINUED from Page One).

careful inquiries and are better than
those who are elected in the states.
This is because when elected they are
usually a result of political trades and
bargains or availability in a conven-
ton. The result is better judges in
the Territories. This is something
that is within the knowledge of every
lawyer of experience"
Kingsbury proceeded to state that
in his argument he had not intended
to criticize the governor, nor the heads
of departments, but simply the bureau
cracy which he found existing i'm the
Hawaiian government. He recalled
his expressions of appropriations of APP
probation of the abilities and character
of Governor Carter and said that the
digger than old Grant reference had
come out on the spur of the moment
and had apparently not been properly
/ understood. Kingsbury told the old
time story which was responsible for
the birth of the phrase, saying that he
thought all would understand the
phrase. The story is one that was
quite famous years ago-of a doorkeep-
er of Congress who was joked of in
/ Washington as just as big a man as
old Grant, and the phrase big as old
Grant" became quite a catch-phrase.
Kingsbury said that the jury recon-
mendation of mercy was to be taken as
a part of the verdict. 1t meant that
the jury thought the defendant should
| have the minimum for manslaughter in
the second degree. The attorney again
referred to the fact that the law here
forces the defense to argue first and
then allows the prosecution to close,
and said that he believed that if the
defense had had the last say there
would have been an acquittal.
Prosser gave some sarcastic thanks
to Kingsbury for his condemnation of
the executive heads of departments,
which he said he represented i'm a mea-
sure, as deputy attorney general. He
thought they would all be happy to
know that they were not being criti-
cized by Kingsbury. There have been
too many cases of wife-beating here, -
he said. Il came here with a view
to seeing what sentence the court would
impose upon a man who beat his wife
to death The mitigating circum-
stance in this murder case appears to
be that only a woman was killed, The
evidence would have warranted a ver-
dict of murder i'm the first or second
degree. l am only sorry that the
court cannot impose a sentence higher
than the highest"
Judge De Bolt warmly praised counsel
for the manner in which they had con-
Quoted the case, referring especially to
Rawlins' voluntary assistance on ac-
count Of his long acquaintance with
the defendant TT seems to me that
this case shows that there should be a
law recognizing the need of providing
for proper defense i'm such cases." the
judge said. Counsel have spent much
time on it and have been at some eX-
pense. The Territory is as much in
terested in having a proper defense as
in having prosecution. There should
be law fixing fee for attorneys for
defendants unable to pay"
De Bolt said he could hardly agree
with Prosser that the verdict might
have been murder in the first degree
but without stating his views he in
timated that he hardly agreed with the
jury either. He thought there should
be at least five years spent in jail, and
imposed a sentence of six years SO
that the defendant viii have to serve
five even if he gets his prison credits.