Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1913-10-04
.HALEY GIVEN
LONG TERM IN
OAHU PRISON
< .'- -. - -
Sentence of Not Less Than 10
Nor More Than 20 Years
Is Judgment
.MANSLAUGHTER IS VERDICT
OF JURY AFTER FIVE HOURS
Motion for New Trial With
Drawn by Counsel for Defen-
dant After Consideration

Not less than 10 years nor more
than 20 years at hard labor In Oahu
prison is the penalty Franklin Lee
sWhaley must pay for the killing Of
his wife. This sentence was pro-
nounced on him at o'clock this
morning BY Circuit Judge Robinson.
tAfter five hours deliberation yester-
day evening. the jury found Whaiey
guilty sof manslaughter In the first
degree, and under the verdict the
court had no alternative save to pro-
nounce the indeterminate sentence
which Is specifically provided By law
for this crime.
When the Jury's verdict was an
nonhced last evening Attorneys Lar
mach and Alex. Lindsay. the prison
er's counsel, gave notice of motion
for new trial, but just prior to the
pronouncement OF sentence on Wha-
ley this morning Attorney Lindsay
withdrew the motion.
we decided it would be futile to
place the man again in jeopardy Of
his life, as would be the case II the
court were to grant our motion : ex.
plained Attorney Larnach afterward.
.Of course, the law provides that q
mans life shall not twice be placed
in jeopardy on the same charge. but
that refers only to the states limi-
tations. If the man himself prefers
to take second chance In hope Of
eventual acquittal he Is entitled to It.
But we are convinced it would be use
less in the present instance, and Wfa-
ley himself has expressed q willing
ness to accept the verdict. One thing
is certain; we his lawyers did all we
could to save him IN the present case,
and we could do no more II it Were.
10 d1e tried all over again tWotIid
hardly be possible to get q better,
more e6nscienfi icuss and intellissnt
jury than that which nus nzheied the,
case just closed. |" 81, is
In his remarks anert the with
drawal of the motion for d new trial
Attorney Lindsay also took occasion
to offer unstinted praise 70. the jury
that passed on the merits Of the az
fair. Ss9
Among the large number of spec
tators who heard City and County At
torney Cathcart's closing address to
the jury. yesterday the opinion pre-
walls today that the fiery eloquence
with which he fiayed the defendant
during the last few minutes Of his
talk had much to do with preventing
am absolute acquittal Before Whalby
was sentenced today Attorney Cath
cart arose and asked the court to en-
phasize the point that under the law
the sentence is actually one of twen-
ty years imprisonment. containing
the provision, however, that. at the
end of ten years the prisoner will
have the privilege Of appealing to the
governor and pardoning board for a
parole. The court declined to make
such announcement, saying that all It
could do was to pronounce the SEN
tence as it was set forth in the stat
ute; mot less than ten nor more than
twenty years at hard labor"
Seldom has the verdict of jury
been awaited with more anxiety than
was displayed by crowd which how
cred in the judiciary buildings corrt-
dors for nearly five hours last even
(Continued on page two)