The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1897-02-18
SMUGGLING CASE
Jury in Morris Case Dis
agreed and Discharged.
Lawyer Davis Fined by Judge
Perry-CiviI Cases Dis
posed Of.

Several papers were flied yesterday
IN the VI. S. Levy bankruptcy case. The
first is a decree, signed by Judge Per
~, ordering H. Lose, assignee, TO de-
liver forthwith TO Theo. II. Davies &
Co. the property conveyed 10 them by
NJ. S. Levy by way of mortgage, TO en-
able the said Davies & Co. 10 foreclose
their mortgage. MessIs. Davies & Co.
are instructed to sell the property, APP
ply the proceeds TO the expenses of the
action and to their mortgage debt; and
if insufficient to pay the mortgage debt
TO have judgment over against the de-
PENDANT for any balance.
IN the same matter II. Lose has filed
a report and account and also petition
for discharge. The assignee finds the
Indebtedness of the bankrupt to be
s16,547.S7, while the assets, by decree
Of the Court, passes from his hands
TO the disposition of Theo. II. Davies
& Co.
The motion of Mrs. Kate TreglOan
TO order assignee in the same matter
TO pay rent, S175, was dismissed on the
ground that the Court before which
it was brought had no jurisdiction in
the premises. w. r. Castle, for Kate
Tregloan; w. A. Henshall. for assignee;
Thurston & Stanley, for Theo. Fl. Da-
vies & CO.; A. g. NJ. Robertson, for
Schmidt & Sons.
Piipiilani VS.. G. s. Houghtailing, and
C. J. Mccarthy, garnishee, has been
placed on the calendar in the jury
waived list.
After examining a number of minor
witnesses yesterday morning, the
plaintiff in the Dimond case rested.
The respondent will submit evidence
this morning.
The A. l.. Morris case, smuggling,
was resumed in Judge Perry's Court
at 1:30 yesterday afternoon. At 4:30
the prosecution rested. Mr.. Davis, at
torney for defendant, moved to dis
miss Denied. Defendant was called to
the stand and was submitted to a short,
direct examination. Thereupon the
court took a recess to 7:3O p. m.
At that hour the attorneys submit
ted their arguments. Mr.. Davis re-
quested the Court to charge the jury
on a number of points. Some were adj
mitted and some denied. The Court
submitted a lengthy charge, and at
$50 the jury retired TO consider its
verdict.
After the jury had retired the Court
srraigned Mr.. Davis for contempt, on
account of remark he made in an
objection to certain evidence of the aft
ernoon. Mr.. Dole, in a Commute
speech. made an earnest plea in behalf
of his opposing counsel in the case.
The Court adjudged Mr. Davis guilty of
contempt and sentenced him to pay al
fine of s25. He promptly stepped over
and paid the fine, but withdrew it andl
noted an appeal to the Supreme Court.
The Judge prepared a mitimus and in
structed the Marshal to carry out the
law governing the case.
At this juncture the Judge retired.
and the contempt matter remained in
allegiance.
At 10:47 the jury returned into court
and reported a hopeless disagreement.
the vote standing to ;. 1t was stated
that they could reach no agreement.
The jury was thereupon discharged.
Bail in the premises will be fixed this
morning. If possible. the case will be
reached at this term; but as the panel
was exhausted for the first hearing it
is almost certain that it will have to go
over.
The Davis contempt matter came up
again. Mr. Davis outlined his position
and then apologiZed to the Court. The
Court declined to recede from the rul-
ing and Mr.. Davis paid the fine. At
II 20 the court adjourned to 9 o'clock
this morning.