The Cordova daily times., 1923-03-08
FLAW IN HAWAII MANSLAUCHTER LAW IS DEFENSE
Criminal Code Provides No Penalty, Say
 Lawyers RAN DOWN, KILLED GIRL Even Conviction Can t Carry Sentence Under
 Law

HONOLULU, March 8. That a legal conviction on a charge of man. slaughter is impossible under the pres ent laws of the Territory of Hawaii is the claim set up by defense attor- neys in two cases in which their clients were arraigned as result of fatal automobile accidents in which they participated. In one case the plea was recognized and the defend ants, two youths, were acquitted. In a second case now pending, and which on account of the prominent charac- ter of the defendant, Stanley c. Ken nedy, secretary and manager of the Inter-Island Steam Navigation Con- pany, is the center of public interest, the same defense has been advanced.
 Say Law Defective
 The defect, attorneys claim, is i'll the Criminal Code of the Territory, which, although it defines the general offense of manslaughter, provides no penalty for it, and although it provides penalties for specific degrees of man. slaughter, does not state what constl- tutes each of the specific degrees. AS a result, it is claimed, although man is indicted for and convicted of man. slapughter the court is poWerless to sentence him, and if he is indicted for any specific degree of manslaugh- ter no conviction can be obtained, be- cause it is impossible to deter mine what offense would come under that degree. All this, in spite ot the fact that 52 convictions on manslaugh- ter charges have been obtained m Hawaii since the end of the monarchy. These defendants, attorneys now say, have all been convicted illegally.
 Popular Girl Killed
 Interest in the matter now is at white heat here as a result of the manipulations of attorneys for the defense in the Kennedy cast. Ken nedy, who is reputed to be wealthy and is active here socially, ran down and killed Miss Catherine A. Hall, of Pasadena, California, on the night of December 23 as she was about to board a street car. Miss Hall, a teach CT in the territorial schools, was ex- ceptionally popular here.
 Witnesses of the accident testified at the coroner's inquest that Ken nedy's automobile was speeding at the rate of 60 miles an hour at the time and that he deliberately violated the local ordinance, which provides that all vehicles must stop 10 feet in the rear of street car which has halted to take on passengers.
 Grand Jury Indicts
 Despite the evidence against Ken nedy it was freely rumored in the community that he would escape pros eccution because of his personal prom thence. The lie was apparently given to this rumor when he was promptly
  slaughter by the Grand Jury. But at taches of the city and county attor- ney's office learned just as Kennedy was about to be arraigned that he ln- tended to plead guilty to the charge, and examination of the law convinced them that if he did so the court would be powerless to sentence him, as there is no punishment provided for the general offense of manslaughter.
 Accordingly, on motion of City At torney William H. Heen, the first 1n- dictment was nolle pressed. A second Grand Jury inquiry was immediately started, with the result that Kennedy was reindicted on a charge of third degree manslaughter, the penalty for which under the territorial laws is i'm prisonment for not more than two years or fine of $500.
 "No Such Offense"
 On arraignment on this charge, Kennedys attorneys entered demur- Ter in which they assert that there is no offense known under the laws of the territory as manslaughter in the third degree and that the statute under which the indictment was brought is void, because it specifics a penalty, but does not define the of fense.
 Arguments on the demurrer are set for some time this month. In the meantime it is assured that strong effort will be made to obtain revision of the criminal code by the next ter ritorial Legislature in order to guard any like occurrence in the future.