The Hawaiian gazette., 1908-10-09
KAPELE Gets
A DAY IN JAIL


John Kapele gets off with one day
in Jail and the costs of the proceeding,
(which will amount TO $12 He spent
the first six hours or so of his day in
Jail, in court, paradoxical as this may
seem, and at 10 o clock this forenoon
will be free to 90 back to Kau, pro.
vided he pays the twelve dollars costs.
At that most people believe he got
of easy. He was subpoenaed to appear
as witness in the United States dis.
trict court, and didn't. a bench war
rant was issued for him and Deputy
United States Marshal went after him
and brought him here. c. II. Mcbride,
the Governors secretary, was dppoint-
ed to defend him and got the bench
warrant quashed, so that contempt pro-
ceedings had to be commenced all over
again. This probably saved him a
couple of hundred dollars or such a
matter of costs, for the principal costs
were in sending a deputy after him.
But the original order of attachment
being quashed the costs began with
the proceedings subsequent to that
and so amounted to only about twelve
dollars.
Judge Dole imposed sentence yester.
day morning. He sentenced Kapele to
twenty-four hours in Jail, the twenty
four hours beginning to run Immediate
ly. United States District Attorney
Breckons asked the court to impose a
fine that would somewhere near equal
the costs of the proceeding. Mcbride
at once objected that the Judgment of
the court could not be amended because
the term of Imprisonment had already
begun to run. He even opposed the
order of the court that the defendant
should pay costs on the ground that
it was in the nature of fine and the
statute provides fine or imprisonment
as the punishment for the offense Most
of the afternoon was occupied with
argument on this point, but Judge Dole
decided that the payment of costs would
follow the sentence of imprisonment.
Parsons Not Disqualified.
The Supreme Court yesterday hand
ed, down decision and opinion in the
suit of Kumazo Matsumura against the
County of Hawaii. This case came he.
fore the court to determine whether
trial judge was disqualified from
hearing case on its merits, wherein
he had sustained demurrer of the
defendant to the complaint of the plain
tiff which had been overruled by The
Supreme Court. The court decided that
this did not disqualify the judge. The
decision is as to Judge Parsons dis
qualification.
Kalakaua the Younger.
The little Prince Kalakaua Havana
nakoa yesterday, by his guardian ad
Item, L. NJ. Watson, fled his appear
ance in the probate court and joined
in the petition for the probate of the
instrument, filed by John F. Colburn,
purporting to be the last will and tes-
lament of Prince David Kawananakoa.
The Divorce Mil.
The divorce grist was rather light
yesterday. Judge Lindsay decreed a
divorce to Masa Takiguchi from Toxic
Takiguchi for the cruelty of the lat
ter, and A. L. G. Atkinson filed a libel
for divorce on behalf of Paula Gebauer
from Ernst Bruno Gebauer, also on
the ground of cruelty.
In the Bankruptcy Court.
In the United States District Court
yesterday on the application of Isaac
Lando for discharge in bankruptcy, OBJ
lection was entered on behalf of one
of the scheduled creditors by Thompson
& Clemens and the hearing was con
tinued until November 9.
Stipulation Filed.
In the perennial Bierce case, stipu-
lation was filed yesterday giving the
defendants, A. B. Wood and Albert
Waterhouse as executors of the estate
of the late Henry Warehouse, further
time in which to prepare their bill of
exceptions.
Registered Title.
Judge Weaver of the Land Court
has granted a registered title to Peter
G. Jones, Ltd, to certain lands in Nuu-
anu valley.
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