The Hawaiian gazette., 1890-04-22
SUPREME cOuRr....aPRlL TERM.
BEFORE BIoKERToS, J.
MONDAY, April IL.

ue AOuTt upeueu db ~ A. u. Ao
waiian jurors in attendance.
The King VS.. Hoh. Embezzlement.
Tried before a Hawaiian jury who
return verdict of acquittal, three
dissenting. j. L. Kaulukou for de-
PENDANT.
The King VS.. Manuel Silva. Sell
ing spirituous liquor to woman,
Annie Kuapuu, at Honolulu, on or
about March S, 1890, defendant be-
ing retail dealer. Tried before
Hawaiian jury. After the prosecu-
ton rested Mr.. Rosa on behalf of the
defendant, moved for his discharge
on the grounds: 1st that there is no
law attaching penalty for the sale of
spirituous liquors to women; I'd, that
there is no evidence to show the de-
PENDANTS knowledge of the sale. The
Court overruled the motion to which
the defendant noted exceptions. G.
Creighton and G.. L. Wilder for the
Crown; Antoine Rosa for defendant.
The jury returned verdict of not
guilty.
AT CHAMBERS-BEFoRE' M'CULLY, ].
In probate Estate of Adam Simp-
son of Waimea, Kauai, deceased, in
testate. First and final account and
petition of Mrs, Fanny Simpson, ad-
ministratrix for discharge. Hearing
continued from November Is. 1887.
Ordered that the account be allowed,
and she discharged upon filing &C
acknowledgement of heirs of amount re-
mitted them. W. r. Castle for petit
toner.
In equity-Kaiaikawaha VS.. Okuu.
Plea in bar The bar pleaded is that
in the case of the defendant VS.. the
plaintiff, the defendant obtained
Judgment in the Supreme Court in
banco, whereby the title to the pro-
perty and chattels set forth in the
plaintiffs bill was adjudged upon in
favor of the defendant, as also the
matters and things alleged in the
plaintiffs bill. Mr.. Justice McCully
in his decision filed this day over
rules the plea in bar. G. Creighton
for plaintiff; 4. Rosa for defendant
BEFORE BICKERToN, ].
TUESDAY, April Is.
The Court opened at 10A.M
The King vs.. Leviki. Larceny,
fourth degree Tried before Ha-
waiian jury, who returned verdict
of guilty. Sentenced to three
months Imprisonment at hard labor
The King vs. Oops and Ulei.
Assault and battery. Appeal from
Police Court, Honolulu Tried be-
fore a Hawaiian jury, who return
verdict of guilty against Ulei and
not guilty against Oopa. Ulei is
fined $500. Charles Creighton and
G. K. Wilder for the Crown, S. K.
Kane for defendants.
Kaaiale VS.. Lula. Replevin. Ap.
peal from Police Court Stricken
from the calendar, the appeal not
being perfected, II. n. Castle for
plaintiff. A Rosa for defendant ap-
pellant
The King VS.. Arthur tombstone.
Libel. Defendant files demurrer to
indictment as follows And now
comes defendant by v V. Ashford,
his attorney. and demurs to the in
dictment herein, and says that the
same is not sufficient in law to put
the defendant on his answer herein. |
l. The charge on the face of the in
dictment is materially different from
that with which defendant was
charged in the Court below, and for |
trial upon which defendant was COM
mitted TO the Court. Second. The |
charge, as laid in the Indictment, and |
the facts alleged in the same, differ |
materially from the facts stated I'M
der oath before the examining mag
istrste Third The allegations in |
the indictment do not set forth or
state the facts, which If true, com
prise an act of moral turpitude on
the part Of the one alleged to have |
been Hbelled. Four 1t does not ap-
pear from the words charged to have |
been published by the defendant |
that L. A Thurston, as alleged in |
said indictment, is the person
against whom the alleged libel was
published. Fifth. 1t does not APP
pear in any part of the Indictment |
that defendant had any connection !
whatever with the Elele newspaper,
in which the said alleged libel is |
alleged to have been published. |
Sixth. The matter alleged to have |
been published by defendant is not |
libel, within the meaning of the law. |
Seventh. For other good and suffici- |
ent reason which defendant begs |
leave to present at the hearing here |
of the Indictment is bad in law.
Wherefore defendant prays to be
hence dismissed without further an
sWer.
BEFORE BICEERToS, J.
WEDNESDAY, April 16.
The King vs.. " J. Freitas. Libel
Defendant is arraigued and reserves