The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-04-06
MURDER FINE
AMAZES MAUI
News Discusses kepoikai's One
Dollar Penalty in Ry0suki
Case.

From an indictment of murder in thu
first degree TO conviction of man
slaughter in the third degree is a Ions
| leap and then when the court impose!
1 a sentence of only one dollar on the
criminal without penal servitude and
that has been equaled but once in the
! history of the Territory, says the Mau
News, discussing the remarkable SEN
tence imposed in the Circuit Court OF
the Second Circuit of the Territory or
Monday of last week when Judge A. N
Kepoikai passed sentence on Higak
Ryosuki.
The memorable ruling of the court
which caused the quashing of the in
dictment on the ground that the First
Deputy Attorney General was not
legally authorized to represent the At
torney Generals Department for the
reason that he was not a specially COM
missioned Office for this particular
court, although he had repeatedly been
sions in this court and in every other
matter of history.
new indictment was found charg-
ing the defendant with murder in the
first degree and the case was tried
before jury.
The Territory was represented by
County Attorney D. Fl. Case who put
up a good case against the defendant.
The evidence was that the victim
SOL he
physician testified that she had been
dead between three and four hours.
That she was strangled to death, that
there was nothing around her neck to
strange her. The defendant was found
lying by her side. An obi was wound
twice around his neck and then tied
twice in a hard knot, one end of the
obi was tied to the dead girls wrist.
The defendant was unconscious.
Whether she strangled herself to
death alone (Which is hardly prohlble)
or whether the defendant had hand
in strangling her to death was for the
jury to decide.
1t is certain that the child after her
death did not have much to do with
strangling the man even if the one end
of the obi was tied to her wrist.
Attorney J. NJ. Vivas represented the
defendant and made one of the best
defences he has made here. At the
argument before the jury it was noted
that Attorney Vivas, who is sick man,
was not himself and showed fatigue
He, however, recovered himself toward
the last of his argument and made
good plea for his client.
1t is understood that the jury stood
six for acquittal and six for conviction
of murder in the first degree on the
first ballot. After the jury were in
their room for over an hour 1t was
announced that they had arrived at a
verdict of manslaughter in the third
degree with a recommendation for
mercy.
Just how they arrived at such a ver-
dict is q mystery. There are many
who contend that the case was one of
as the evidence showed
that the defendant and the fourteen
year-old child whose life was taken
were in love and that as the parents
of the child would not consent to her
to the defendant that they
had agreed to die together.
The only evidence on this particular
piont was the confession of the de-
PENDANT before the coroner's jury, which
was admitted in evidence In this con-
fession the defendant stated thai he
and the child had agreed to die together
and that she was to pull the obi and
strangle him to death and he was to
pull the obi around her neck.
AS the defendant did not go on the
stand in his own defence and
no other witnesses were produced to
show any other theory as to the death
of the child that was the only proof
of the exact manner in which she came
to her death.
There are many who do not justify
the mans action, especially after con-
the tender age of the child
whose life was taken nor do they be-
Iieve the law justifies the request for
mercy after verdict of manslaughter
which they contend carries with it
light enough. When however
the court imposed fine of one dollar
penal servitude and RENTED
all costs which in this case ran up into
the hundreds there was the greatest |
establishment expressed.
SScSsSSS>SSSSSSSS$S SSSSSScSSSSSSSSSSSS |
nment which lasted till three !
o'clock in the afternoon. Adjournment |
was then made to the Waiakea boat |
house where a meeting was held at |
four 0 o'clock. Governor Kealawaa |
spoke upon unionism and the good that |
could come from it, but they must al be /
irm and pull together and remember |
hat Gin union is strength" He adj /
Used the longshoremen to join with
HEM add to their number and add to
heir strength. The speaker then gave
IN account of work that he had done
n the Legislature.