The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1889-10-15
SUPREME COURT.
AT CHAMBERS.

In re guardianship of H. L. and NJ. E
Hillebrand of Honolulu. The petition
OF ). b. Bishop, guardian, for allowance
OF accounts and discharge. The accounts
are referred to master, and the hearing
is continued.
OCTOBER TERM.
SATURDAY, Oct. r.
BEFORE THE ABOVE NAMED JUSTICE.
CRIMINAL DIVISION.
The King VS.. Ho Fon, charged with
conspiracy. The demurrer to the in
dictment is argued and overruled. G. w.
Ashford, Acknowledgement, for the pro-
secution, and Paul Neumann attorney
for the defendant.
Maria Gonsalves VS.. Antoine Con
salves. Divorce. A decree of divorce is
granted on the ground of neglect and re-
fusal to support. Paul Neumann at
torney for plaintiff, and defendant in
person.
IN BANCO.
MONDAY, Oct. IA.
CRIMINAL DIVISION.
The King VS.. Ho Fon, charged with
conspiracy. G. w. Ashford, A. P. Peter
son and F. M. Hatch appeared for the
prosecution, and Paul Neumann and 4.
Rosa for the defense.
His Honor Chief Justice Judd and
Associate Justices McCully, Preston,
Bickerton and Dole, were all on the
Bench to listen to the argument of
counsel IN objection to the validity of the
indictment under which Ho Fon was
charged with conspiracy.
The arguments in favor of the demur-
rer to the indictment were made by Mr..
Paul Neumann; the arguments against
and in support of the Crown were made
by Mr.. F. NJ. Hatch, Deputy Attorney
General Peterson also being present.
MIR. Neumann's argument tended to
show that the Indictment ought to set
out the statutory words defining the
sffense which certain persons had con-
opired to commit, and that it invalidated
the process to simply name the otfense
Mr.. Hatch, argued that the indlct-
ment as worded was sufficient for the
purpose intended. 1t showed the in
tent of the person charged to do an ille-
gal act by forming a conspiracy. He
objected to the wiping out of any OF the
words in the indictment. The object OF
the indictment mainly was to give no
tice to a defendant of the charge against
him.
After the quoting Of authorities by
both counsel, Chief Justice Judd an
nounced that the Bench would take the
matter under advisement and present a
decision at l 80 o'clock until which
time, the Court, at IL o'clock, adj
journed.
AFTERNOON SESSION.
When the Court resumed at l 80
o'clock, Chief Justice Judd rendered
decision in the matter of the demurrer
to the Indictment charging Ho Fon with
conspiracy.
His Honor said in substance that the
Court was Of opinion that the indictment
was detective or rather insufficient in
not setting forth in apt words the nature
of the offense for which the conspiracy
is alleged to have been made. But they
do not sustain the demurrer and dis
miss the charge against the defendant,
but under the authority which will be
found on page 347 of the Compiled Laws
the Indictment is ordered to be amended
by the Clerk of the Court.
Acknowledgement Ashford then pre-
sented an amendment which was added
to the original indictment.
Ho Fon, the party charged, was then
arraigned and pleaded not guilty.
Tuesday morning at 10 o'clock was
then set as the time for trial, and the
Court at As p. M. adjourned.
ORIGINAL INDICTMENT.
The Acknowledgement of the Kingdom
on behalf of our Sovereign Lord the
King, upon his official oath presents
that Ho Fon, a foreigner by birth, OF
Honolulu in the island of Oahu, at Ho-
nolulu in the island of Oahu, and within
the jurisdiction of this honorable Court
on to wit the twenty-ninth day OF July
in the year 1889, together with divers
other persons to the Acknowledgement
unknown, wickedly devising and intend
ing to levy war against the Kings gov
eminent, and to employ force in contra
vention of the laws and in opposition to
the authority of the Kings Government
and with intent of affecting the public
tranquility generally, did maliciously
and fraudulently combine, confederate,
agree and mutually undertake and con
| cert GOSeGIer W CoAAl1U Vic CAAh0 vi
treason.
And so the Attorney General affirms
upon his official oath, and presents
that the said Ho Fon at the place afore
said did commit and is guilty of the
crime of conspiracy in the first degree
against the peace and dignity of the
King and contrary to statute In sucf
case made and provided"
AMENDED INDICTMENT.
"And now comes the Acknowledgement
of the Kingdom and moves the Court TO
leave to amend the Indictment herein
by striking out all the words after tn
words eighty-nine in the last line thereo
to and including the word treason, AM
inserting in place thereof the words her
following, that is to say: together witt
R. w. Wilcox and divers other person
whose names are to the Attorney-Gen
eral unknown, did unlawfully, maliC
iousIv and feloniously conspire, combine
confederate, agree and mutually under
take and concert to commit an otfense
wit, the offense of treason, by levyln
: war against the Kings Government.
Dated this 14th day of Sept, 1889.
g. w. ASHFORD,
y.-General."
THE LAW ALLOWING AMENDMENTS I
INDICTMENTS.
The law by which the Court is guide
in its decision on this matter is, as VIZ
mentioned by Chief Justice Judd in n