The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-05-03
CHE-FA IN
GOOD LUCK
Impossible to Secure
Convictions, Cases
Are Dropped.

Takai was tried for assisting in main
tanning a lottery, before Judge De Bolt
yesterday. County Attorney E. A.
Douthitt prosecuted. At the resting of
the prosecution S. F. Chillingworth
moved for a directed verdict of acquit-
tai. This motion was argued at noon
and decision reserved. The jury con-
sisted of J. w. Mcdonald, David Full
Ter, Jas D. Cockett. Edward Drew,
VIM. Rose, John H. Jones. J. D. Tuck
| John A. Noble, w. P. O'Brien and E.
L. Miller.
At o'clock Judge De Bolt granted
the motion. In directing the jury to
find a verdict of not guilty, he said
that gambling was reprehensible-es-
pecially che-fa in the way it victimized
people. Yet it was necessary to prove
every material fact and the prosecu-
ton had not proved the existence of a
che-fa bank. The old adage was quot
ed, 1T is better that ninety-nine guilty
persons should escape than that one
innocent person should be punished
MIR. Douthitt entered nolle prosequi
in the case of All Tai, charged with
che-fa tickets in possession. saying that
it was the same kind of a case as that
just thrown out.
A noIle proseQui was also entered
for Shimao, for whom J. w. Cathcart
appeared. the charge being that of
Inducing laborers of the Territory be-
yond the limits of the Territory to be
employed"
Geo. D. Gear spoke of the case of All
Moon as being on a nol-prosed list
handed to him, but which remained on
the list for trial. Mr.. Douthitt denied
that it was nol-prosed, being confirm
ed by the clerks notes.
Then Mr.. Gear asked that All Moons
fine be reduced from SIS to SIS, the
same as was done in the case of All
Pau, as the cases We're identical. De-
PENDANTS had appealed for mitigation.
Mr.. Douthitt objected, saying the
circumstances of the cases might be
different. A fine of $25 was very mo-
derate for the DEMONSTRATING che-fa
tickets jim possession.
Judge De Bolt said that if the cases
were the same, the same disposition
should be made of All Moons as of
All Pau's. Accordingly he ordered the
fine reduced to SIS.
THIEF SENTENCED.
Chun Lung, convicted of larceny in
the second degree, was sentenced by
Judge De Bolt to imprisonment for six
months. The court said it's intention
had been to make the sentence a year,
but it had been impressed by the re-
marks of Mr.. Rawlins, counsel for de- |
PENDANT, on the fact that the evidence
had been circumstantial. Mention was
made of a Porto Rican who had served |
two years under conviction, on circum-
stantial evidence, of an offense of which |
another later confessed having COM
mitted.
NAVAL SENTENCED.
Oswald Mayall, railway station agent
at Waialua when arrested. yesterday
in the Federal court withdrew his plea
of not guilty under Indictment for a
particular violation of the Edmunds
Act. He pleaded guilty to different
offense under the same statute. Judge
Dole sentenced him to pay a fine of
800 and costs.
COURT NOTES.
Judge Robinson yesterday signed an
order approving the lease of the ranch
property in the estate of the late James
Gay and the disposition of the funds
realized therefrom.
Yamamoto's trial for assault with a
dangerous weapon is set for this morn :
ng. Deputy Attorney General Elem
ng for the prosecution, J. w. Cath
art for the defense.
Judge Lindsays jury is excused till
tomorrow morning. {
Judge Robinson approved the final
accounts of w o. Smith, executor of
he will of w. Luther Wilcox
In the $4,000 damage suit of Ching Ho
chong VS.. Wong Hing, on account OF
alleged assault, the jury in Judge s
;,7d VIC a iot the