The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-07-07
MARKS GETS TWO
YEARS FOR THEFT
Sentence Is to Begin When
the Other One Has
Ended.

John Marks was yesterday sentenced
by Judge Robinson to two years i'm.
prisonment at hard labor, though the
time when his sentence is to COM
mence is a little indefinite 1t de-
ponds somewhat on how Marks comes
out in a prior case in which he was
convicted, but from which appeals by
the habeas corpus route and other
means have been taken to the United
States Court. In that case he was
sentenced to five years and if he serves
it his sentence in the present case
will begin at the finish of that. But
if he gets out of that sentence, then
this sentence is to begin right away.
In this case Marks was convicted of
cattle stealing and the jury made
strong recommendation for mercy. The
sentence pronounced by Judge Robin
son was as follows:
cit is the judgment and sentence of
this court that upon the verdict of
guilty returned by the jury in this case
that you be punished by Imprisonment
at hard labor, in Oahu prison, for the
term of two years, such Imprisonment
to take effect and such sentence to be
served upon the expiration of any ex
listing term of Imprisonment or upon
his discharge from, or other termina-
ton of, any existing term of impris-
onment. -
A motion for a new trial has been
made on the ground, among others,
that Marks was in the jurisdiction of
the United States Court by reason of
the habeas corpus and other proceed
ings in Judge Dole s court in the other
case, and therefore, it is insisted, the
Circuit Court has no jurisdiction to try
him. Another ground is that the YER
dict is a qualified one and therefore
not such as will support judgment.
THE ALONG CASE.
The hearing on the present branch
of the Along case is nearing a finish.
Yesterday forenoon was occupied large
ly with rebuttal evidence on behalf of
Mrs. Along. The afternoon was oc-
cupied principally with argument,
Judge Perry taking up most of the
time. He went carefully through the
evidence of the several witnesses, ana
lying their testimony, and seeking to
show that it failed utterly to show any
of the fraud or misrepresentation or
want of consideration which was al
legged as reason for Mrs. Burns with
drawing from the agreement of COM
promise which was entered into on
July %
Argument will be continued today.
WANT TO BE CITIZENS.
Petitions for naturalization were
filed yesterday in the United States
Court by John Sylvanus van Volsem, a
native of Belgium, 35 years old; and
by Nicholas Barbe, also a native of
80 years of age. These pc
titions will come up in court Novem-
Der %.
Antoine Comes, a Spaniard, who ar
rived by the Heliopolis, has declared
his intention of becoming a citizen of
the United States. So, too, has De-
metno Martin, another Spanish arrival
by the Heliopolis.
ACCOUNTS APPROVED.
The accounts of James l.. Mclean
as executor of the will of the late
Mary Ann Gray were yesterday ap-
proved and he was given his discharge.
Receipts for the distribution of the
estate were filed for twentyfour shares
of the stock of the Inter-Island Steam
Company and the respec-
tive share of cash by each of those |
entitled to ribution-Caroline Z. |
Godfrey, William III. Mclean, James |
L. Mclean, George Thomas Mclean
and Robert G.. Mclean.
WANTS ALIMONY.
Norah Mcclure, against whom her
husband. James L. Mcclure, has begun
for divorce, has fled an
answer, by her attorneys, Glenn K.
Quinn and J. A. Magoon, denying all |
grounds for divorce, and has asked for
alimony pendente lite and for reason
able attorneys fees.
The motion for alimony will be heard |
next Monday.
TAX APPEALS.
Attorney General Hemenway has re-
,eived word that the Tax Appeal |
Court of Maui has decided that under
the exemption law all the property of .
pineapple plantations is exempt. The
Tax Appeal Court of Hawaii has de-
eided that only part of such prop
erty is exempt.
TEMPORARY MAGISTRATE.
Charles F. Clemens has been ap-
pointed temporary District Magistrate
for Honolulu during the temporary alb
'ence of Magistrate Frank Andrade.
The oath was taken before Judge De
Bolt July 80.
DIVORCE GRANTED.
Judge Lindsay has granted a divorce
to Lilly Peter Pa from Peter Pa, on
the grounds of desertion and non-sup-