The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1913-02-11
MURDERER MAY
GET NEW TRIAL

For nearly an hour yesterday the
aged father and mother and other rela-
tives of Benito Galmendez were in con-
sultation with Judge w. j. Robinson
of the circuit court seeking, it is said,
to have the case against the convict
reopened alleging that he had been mis-
led into pleading guilty to the murder
of Private Bostic and further that he
had not been properly defended.
The father of Galmendez further ex-
hibited long subscription list, signed
by Porto Ricans and others who are
said to have contributed toward fund
used in the defense of the accused muir
derer. This list shows total of $3.50
ranging in sums from fifty cents to SIS
1r more. This money, together with
additional funds, it is claimed, was
paid to Leon M. Straus, attorney for
the accused man, who had been appoint
ed by the court.
hhen a person accused of a capital
ctfense is not in position to employ
counsel the law gives the court power
to appoint an attorney to handle the
case. The Territory pays 800 for this
service and the law specifies that the
attorney shall not receive money from
any other source for conducting the de
tense.
Straus Denies Getting Fee.
Though no penalty is fixed for a VIC
lation of this provision, it is said that
such action lays the offender liable to
| disbarment proceedings. Straus, when
seen yesterday, said that he had re.
ceived no fees from outside sources for
the defense of Galmendez, though he
had used some money for legitimate ex.
penses in connection with the defense
He emphatically denied that he had re.
ccived anywhere near as much as $1SG
! from these sources and said he had nc
knowledge of any subscription list be.
ing circulated to secure defense fund
| for the accused murderer.
81 have nothing further to say, -
said Straus.
1t is further charged by the father
of Galmendez that the subscription list
was circulated by Edward Parker q
brother-in-law of Galmendez, and that
Parker was aided by A. f. Minvielle
who was employed as interpreter fol
| So ~. N'otio VI httorneg
this story as false, saving that he had
nothing. to do with circulating the list
and knew nothing of its existence unit
Yesterday;
HlhVie'le iurther Denied that Gal
hehuez haa peen deceived into plead
ing guilty TO second degree murder.
some time ago. said Minvielle
uaimehdez was tod that II arrange
mfnls could De made to have him pleat
euilty 10 mans'aughter the penalt,
would propapiy be between three an'
hNe years. uaiihehdeZ refused to agre'
70 TINS us! ana the case came to trial; A
this time there was no such hope hel'
our. lie was tod the conditions by At
tothey o'raus''
lie also was plainly told that II
the event that he was allowed to plea
guiity 10 murder IN the second degre
, the pchaity womb be not less thal
twenty years, ana with TINS understand
; ing no went INTO court and changed hi
p'ea 10 gni'y though Galmendez ma
NOT DC aple To express himself IN Eng
.in' NC unu'IS'ahus that language an
mas NOT ueesiNeu at any stage OF tn
'''"''
investigating Story.
n 1t is understood that Judge Robinso
is now investigating the story told b
the dalmendez family. Upon the resu
of this will probably depend whether Z
d not the ease win be roopenod, the SCI