The Hawaiian gazette., 1913-02-07
SAVES HIS NECK
PLEADING GUILTY
Galmondez Ccniesses 10 Murder
Of Private Bostlo; Gets
Twenty Years.
(From Thursday Advertiser,

Not less than twenty years I'M Oahu
prison at hard labor was the sentence
pronounced upon Benito Galmondoz, a
Porto Rican, by Judge Robinson in the
circuit court yesterday morning, fol.
lowing the dramatic and unexpected
plea of guilty to murder which was en-
tered by the prisoner
Aside from Attorney Straus, who
represented the man accused of having
murdered Private Bostic, City and
County Prosecutor Cathcart and few
officers, no one anticipated such sud
den end to what was developing into a
stubbornly-c trial.
The prosecution, however, had sue.
ceeded in presenting such strong case
that tho stoicism which had marked
Galmendcz almost from the day of his
arrest, finally gave way to fear, and he
probably deemed a Jail sentence far
preferable to expiating his crime on
the gallows.
The end came shortly before ten
o clock yesterday morning, after con
ference between the attorneys and Gal
mendez. 1t is said the prisoner was
| told that in the event of verdict of
guilty as charged being returned by the
jury death would be the penalty, while
if he was given permission to plead
guilty to second degree murder the sem
tence would be anywhere from twenty
years to life Imprisonment.
Prisoner Pleads Guilty.
Galmcndoz is reported to have will
ingly agreed to plead guilty to the
lesser degree and was taken into court.
In the meantime, the jury had been
temporarily excused. Attorney Stratus
asked permission to withdraw his for
mer plea of not guilty and to plead
guilty to second degree murder. This
was granted.
| Galmendez was given an opportunity
to state any reason why sentence should
not be pronounced, and penalty of not
less than twenty years at hard labor
in Oahu prison was then imposed by
Judge Robinson, The jury was then
excused and the trial came to an end,
Arrangements were at once made to
take the prisoner to the territorial
prison.
Yesterday afternoon protest was
made by tho father of the confessed
murderer, the parent saying that his
son had been assured of light SEN
tence, and though innocent had pleaded
guilty to the charge with this under
standing. Witnesses were at hand, said
the father, ready to testify to material
facts helping his son establish his in.
nocence. The father further stated
that Carmella' IS testimony against the
accused man was founded on her de-
sire for revenge because Galmendez had
refused to longer care for her and his
threat to give his time and money To
the support of his father and mother
Denies Any Promise.
Leon NJ. Straus, who was appointed
by the court to defend Galmendez, an6
who made hard fight for his client
last night entered a strong denial tc
the charge that Galmendez had beer
promised light sentence or given any
other assurance of leniency in pleading
guilty to second degree murder. Thougl
the attorney would not be quoted oil
the phase of the guilt or innocence Of
his client, he seemed satisfied that hi
had succeeded in saving the life of the
prisoner.
"The talk that Galmendez did not
understand what was told him is with
out foundation" said Straus. "ThC
truth is. the charge was probably started
by an interpreter whom the prisoner die
not want to act for him. Galmendez ex
pressed himself on this question, saying
he could not understand the interpreter
, who sought to be appointed. For thi
reason / objected to this Interpreter anC
r he was not appointed / know Spanisl
sufficiently to know that Galmendez un
derstood perfectly everything which wa
Il ~ h., l. 10 snN
| "The witnesses for the defense men
toned as being present in the courtroom
were absolutely of no value to us; il
fact, had they testified it would have
opened up a new lipe which would prob
, ably not have been of any value to Gal
mendez.
Escapes Death Penalty.
cit was explained to Galmendez tina
in the event of the jury bringing in ;
verdict of guilty of murder in the frs
degree as charged, the penalty would b.
3 death. He was told that if we coulC
arrange to have a plea of guilty to muir
der in the second degree accepted tn,
: penalty would range all the way from
not less than twenty years in prison t,
life imprisonment.
: "These were the only inducements helC
, out to him; IN fact, we were powerles
to offer inducements. The court alone n
the only authority empowered to deter
mine the penalty. Galmendez understood
this and went into court with a full
knowledge of what he was doing"
Prosecutor Cathcart also branded the
story told by the father of Galmendez al
ridiculous and untrue.
Attorney Straus said last night that
the case was closed as his client haC
wished and so far as he knows the only
recourse Galmendez now has, If he de
sires to reopen the question, is to have
it brought before the Governor.