The Hawaiian gazette., 1915-05-11
OFFERS ITO WAIVE
CRIMINAL D charge
One Hundred Dollars Payment
For Injuries To Horse Fixed
AS Condition BY Policeman
Animal and Bider Struck BY Lieu
tenants Ear eoRpouqpiha
lsEslopyt Grave offsRssTa
" AlnnN N-TVV. .llHenSB

r. &tTtNA'3 GtNFNsakfiAtiAGb
An offer to waive a damage suit and
not to press criminal charge Of heed
less dffsing F6gair$t Iieat. .tS. II.
wheeler sTwentyaHfth Infantry, sta
toned At 'sehoHeld Barracks, in con.
alteration or siU0, was made in a let
ter'feesfved blythe army 6aiceri yester
day from NJ. p. Mofanha, mounted 20
iieenian: eMofaHha was struck by an
SHtoihobAedriSen by lieutenant wheel
IN m The early morning Of May 6. Az
ihe time, hel ithat he was in
the wrong, lieutenant Wheeler said. g,
IL was considered, surprising that a
Golice otIlcer should be willing To per
iait q, criminal charge to dlolI oh pay.
Inent of damages. IL iLieutenan nj
Wheeler had violated the law, t. is
pointed out, the duty Of the police off
Ger would be 70 arrest him. If. Moran
In =, horse had been injured, however
without violation OF the law, the ones
tion Of arrest on criminal charge
should not have entered in. 4.
VIII Advise Sheriff Rose 49,. .
Lieutenant Wheeler win pay no at
teption to the letter, so far as Moran
ha IS eoneerned, he said. He will write
sheriff Rose, calling attention to the
offer made by the policeman. . f..
Eieutenant Wheeler and Lieut.. Les
ter B, Baker, aide TO Brigadier- Genera
Wiser wefe returning from the beach ID
Schofeld Barracks in the former s auto
mobile about two O. clock in 1.-THE morn,
ing Of May 5. Lieutenant Wheeler was
driving the machine. lie turned from
Kalakaua avenue into King street, and
was moving slowly, he said. So, e;
y Ahead, were two mounted policemen
riding together on the car tracks They
were moving in the same direction as
the automobile. Moranba turned to thu
right, directly ahead of the fpiachinc.
aud his horse was struck G,s,. IL
Horse Not Badly Injured .,,.c-
Lieutenant Wheeler stopped his cal
and the horse was examined. A few
scratches were found, he said ant
Moranha admitted that he had been II
the wrong in turning directly into thu
path of the car. Lieutenant Wheeler
aoluntarily gave his name. There wa
| nothing else; he received no notice o.
a damage suit; nor had he been ar
rested for needless driving, a charg,
which Moranha now has said may b,
brought against him.
| This Is the letter.:
E Police station, Honolulu, Territory o.
Hawaii, May 5, 1918.
"tLieut. 8. II. Wheeler, Twenty fifth In
! -fantry, Sehofeld Barracks, Honolulu
Dear Sir--My horse, which wa
struck by your machine this morning a
two forty.fve O'Clock, sustained som,
injuries on her hind quarter, which ma,
1result in her being unfit for furthe
use in the mounted service again.
Demand Made For 500
"For such injuries I want you to pa,
me the sum of 800. On receipt of Sam
will withdraw both cases against yoI
for needless driving and.a damage suit
Hoping to have an early reply, | am
yours truly,
4 lSigned) an. P. MORANHA,
.v Mounted Police Officer
The Revised Laws of 1918 contain
this section on eompOunding offense
\ (Seetio 1910, page l4S2):
| Whoever, having knowledge of tn
commission of any Offense punishabl
with death, or by imprisonment for life
shall give or receive any money, ser
vice or other gratuity or reward, t
compound or conceal such offense, o
not to prosecute thereof. or not to Civ
evidence thereof, shall be punished b,
imprisonment at hard labor not NOR
more than five years, or by fine not ex
ceCdipg five hundred dollars.
'"Whete the offense is not punish
nble as aforesaid, he shall be punishe
by imprisonment at hard labor not NOR
than one year, or by fine not exceedin
one hundred dollars. !" ,'y
"Furious or Needless driving' is
violation Of the laws of the Territory
Section 400, page 1883, Revised Law
of 1918. !, -, tT'I~'.. T. ,
MOIanha was struck by an automC
| 'i'e driven by William Welsh, July II
1914, and injured severely, His hors
was killed. Welsh was driving part
Of Joyfiders on Waikiki road when h
struck 'Morarha. The mounted polio,
man was thrown fourteen feet and il
iured abOnt the head. For days he wa
in serious condition, He was uncor
seiOus for twelve hours after his hjury
Moranha Tells Story -ar ~ D.,
4 Fohceman Moranha evidently did nc
understand the seriousness Of his pr
posal to Lieutenant Wheeler. % "s,
Il go agreed not TO arrestihi for hee,
less driving and not to sue him il j
would pay me for my horse" he sal,
81 will see the sheriff about it, IN
went on, when he learned that giving I
'feeeiving money under these cirouu
stances would be punishable by in
prisonment.
He said that the horse cost him $'2
lWhether she will be famed permanent
: he did not know He feared that 81
might be. She is receiving care now, !
,,11said: His story Of the accident agret
, with that of Lieutenant Wheeler, bI
he saidnhat he was entitled to the rigl
side Of the street, to which he turue
, although his companion had turned
the left, confusing the automobi
y ! driver.