The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1912-08-09
HOPE or FREEDOM
DASHED BY COURT
Supreme Tribunal UphOIds Sen
tenCe imposed Upon
Chung Nung.
lFrom Thursday'a Advertlser.l

Chung Nung, the Chinaman who was
recently sentenced to life imprisonment
by Judge Robinson for heinous OF.
Tense against little girl, had his
hopes of liberty dashed to the ground
yesterday by a decision filed by the
supreme court on his appeal. Excep-
tons filed by his attorney, Lorrin An
drews, were overruled and with no res
ervation the court says that none OF
the Chinaman s constitutional guaran-
tees were infringed.
In the course of its opinion the court
says: Gin our opinion the evidence,
when considered in connection with all
the legitimate and reasonable infer.
ences which the jury was warranted in
drawing therefrom, was sufficient to
support the verdict, The record fails
to disclose any fact or matter tending
to show that the jury was influenced
by passion or prejudice. There was
cumstaptial, tending to establish the
corpus deficit. The evidence tending
to show that the defendant committed
the crime charged was likewise circum,
stantial. There being evidence suf,
ticient to go to the jury, it was exclu.
sively within the province of the jury
to determine the weight and effect OF
the evidence
| Concerning the defendants conten-
| ton that illegal advantage was taken
of him when he was examined as to
his physical condition and questioned
in Jail in the presence Of officers, not
being permitted to have tho advice of
his counsel who was waiting to consult
with him, the court says:
"There is no evidence tending to
show the use of any force or threats or
the holding out of any inducement or
that he was intimidated by the pres.
ence of the officers or by the absence
of counsel. IT does not follow that be.
! cause the defendant made his state
ment in the presence of officers or that
his counsel was not permitted to re-
main and advise him as to his rights,
that he was inundated or coerced or
that he did not make his statement
freely and voluntarily
pthihkiaph tue SidIcSs
statement in the nature of con,
and before any charge is entered
against him, made in the presence OF
1.-THE city and county attorney and po.
lice officers. and without the advice OF
counsel, but made freely and voluntar.
lily, is admissible in evidence
Row Over Note.
Samuel Parker, as maker, and John
Il. McCrosson, as endorser, of n note for
$34SO, yesterday were made defendants
in suit brought for the collection of
the principal and interest by William
o. Smith and others, trustees of the
Bernice p. Bishop Museum.
From the papers filed in the circuit
court it appears that the note was
made January j, 1910, payable two
years from date with interest at six
per cent When it became due payment
was refused and it was duly protested.
Ask Allowance.
A petition for allowance of accounts,
final distribution and discharge in the
matter Of the estate of M. s. Grinbaum,
was filed yesterday in the circuit court
by the administrator, w. G.. Single
hurst
The accounts show that between De.
cember 81, 1910, and June 30, 1912, the
income from the property of the estate
amounted to $l4S,S30.82, while the ex-
penditures were only $23,9l4.33, includ-
ing $5Sl.5l for administrator 3 com
missions
Company Sues.
T In complaint fled yesterday in the
" 81
ance Company appears as plaintiff ito
recover $2S07.S2 from Henry C. Hapai.
This il the amount of tax of two per
cent paid by the plaintiffs on the gross
premiums received from all business
done by the insurance company in the
Territory during the year ending De.
cember 81, 1911, less the amount of
return premiums. The amount was paid
by the company under protest.
The insurance commissioner taxed
the company on $43, 4S3.S5 which the
insurance claims to have returned to its
policy holders. If this amount was 70.
turned to the policyholders, it would
be exempt from taxation. The COM
pany asserts that the commissioner
made an error in levying the tax to
the extent OF two per cent on this
amount, or $S69.67, and now sues to re-
cover the entire amount paid.
A. A. Wilder is counsel for the plain.
tiff.
Court Notes.
The federal grand jury held session
yesterday afternoon and adjourned to
meet next Monday, when it is probable
that Peyton Gordon, special agent of
the interior department, will ask them
to investigate certain matters of inter
est to the powers that be" in Wash
ington.
Anton Oliveira, a voluntary bank.
rupt, was yesterday discharged from
all his financial obligations incurred
previous to the filing of his petition,
July i, 1911.