Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1913-11-25
FURGUS0N SENTENCED
TO DEATH. BUT DAVIS
CONTINUES THE FIGHT

! Though Henry Francis Furguson.
the 1S-year-old youth convicted OF
killing Police Officer Abreu was SEN
fenced by Circuit Judge Robinson
this morning to pay the extreme pen
atty for his crime, Attorney George
A Davis has not yet ceased fighting
for the boys life
When the prisoner was summoned
to the bar at 8 oclock, Attorney Davis
announced a new line of tactics, TAX
ing the weaker of the two lines of
hope which still remain to Furguson.
As related yesterday. there is still q
very slim change that the case may
be takea TO the supreme court, where
there is a possibility of reversal Of
the lower courts verdict and an or
der for "a new trial; while another
hope held out is that the governor
may commute the mans sentence,
giving him life imprisonment instead
Of execution.
Davis asked the court to certify the
records Of the jury trial to the su-
prene court, for review by the higher
tribunal This is an unusual proceed
ure, seldom, if ever. employed in the
territory before, and City and County
Attorney Cathcart vigorously opposed
it. Judge Robinson, after listening
to considerable argument by both at
torneys, took the question under ad-
visement, and may give his decision
within the next few days.
One of Cathcart's chief objections
to the appeal was that the prisoner
already had received fair and impair.
tial trial; that the law contemplated
speedy justice, and that the court
was not warranted in burdening the
territory with further expense. which
he said would be necessary because
the defendant is without funds and a
complete transcript Of all the evil
6ence taken at the trial must be sub
mitted to the supreme court.
Attorney Davis explained that the
expense incurred would be not more
than about $50 and said he would
undertake to see that the territory
was not compelled to pay for 1t. He
urged that in a case where the matter
of life or death is involved the &C
cused man is entitled to every cppor-
tunity which the court can give him.
Just before the death sentence was
pronounced the Judge, obeying GUS
tom as old as American Jurisprudence,
asked the formal question:
Prisoner at the bar. have yon any
thing to say why sentence should not
be pronounced upon you at this time?S
Furguson replied: We'll, yes, sir.
never had any idea of shooting the
man. It was an accident; didn't in
tend to kill him.
The jury has held against you on
that point. There is nothing | can do
save pronounced the sentence fixed
by the law. You are hereby condemn
ed to suffer the penalty of death; to
be hung by the neck until dead"
Attorney Davis Immediately jumped
to his feet and renewed his argument
on behalf of the motion to submit the
certified records of the case to the
supreme court. Fourteen days must
elapse between the date of the pro-
of sentence and the exc
cution, but the date of the actual exc
eution undoubtedly will be indefinitely
delayed because there is no governor
to sign the death warrant, another
legal formality which, in this instance,
happens to be in the prisoners favor.
There remains the faint possibility !
that his counsePs motion may be
granted and that the supreme court,
taking up the affair, may obtain, in
his favor q stav of execution