The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-02-09
Damage Suit Arising From Con-
duct Of a Dog.
ASKS FOR A VERDICT OF $1,000
Case Not Ended Yet-Swift Move
of an Attorney In an Appeal
Matter-Civil.

There were two jury trials on yes
-erday in the Circuit Court. one before
Judge Perry and the other by Judge
Stanley.
The civil case OF Alfred Roche IS.
c. W. Dickey occupied the attention
Of Judge Perry's court. Throughout
the day evidence was taken and the
complete testimony had not yet been
given when the Court adjourned till
Friday morning at $3.50. The case Is
an old one. having been before the
Court in some form FOR several months.
Dickey claims that his neighbor.
Roche, owned a dog much given To-
barking at the time when all respect
able dogs as we'll as people should |
be asleep. This resulted in an arrest. |
Afterwards this particularly noisy dog. |
Mr.. Dickey claims. developed an un-
cOntrollable appetite for chicken. |
Again the matter was brought before !
the Court. In the meantime the log
died. but not from old age. Now Mr..
Roche comes into Court as plaintiff.
charging Mr.. Dickey with malicious
prosecution and suing for $1,000 dam
age. reightOn-Henshall for plaintiff:
Dickey for defendant. The jurors hear
ing this case are T.. ]. Kruger. J. ".
German. George McNiChOll. George
Angus. c. r. Collins. ID. w. McNicon.
J. w. Robertson. \. c. Davis. J. ;.
Martin. George KluegeI. G. SChuman.
Jas. McInerny.
Before Judge Stanley yesterday
morning Chu Van was tried for the
unlawful possession of opium and ac-
quilted by these jurors: Willard =.
Brown. Jas. l.. McClain. ]. Schnack.
r. \. Burgett. w. II. Hogs. d. +.
Thrum. VIM. Savage. c. II. Clapp. :. /.
Shaw. G.. \. Schuman. ID. T. Bailey
and r 5. Douglas
In the afternoon the case OF the Re
public of Hawaii vs.. Misima kurakichi
came up from the District Court. The
same jurors were sitting with the eX-
ception of c. II. Clapp, y. u. Wood
being sworn in his stead. This Is a
siabbing case of December Is last. The
wounded man was brought into Court
as principal witness for the State. The
man could walk with difficulty and was
assisted by a nurse from Kobayashi's
hospital The complainant was dis
robed and a severe wound deep and
lunhealed was exhibited to the jury.
After two and half hours testimony
from a number OF witnesses. Mr.. DE
Bolt. attorney for defendant. arose and
asked the Court for permission 20
withdraw the appeal taken from the
District Court The permission was
granted and Misima s[urakichi was re-
| turned 10 the prison where he Will
serve six months term. the sentence
OF the District Magistrate.
| Antonio Richard. executor OF the viii
OF Manuel \. Barete, has petitioned
the Court for permission to sell real
lestate to meet approved claims against
the estate. The next OF kin are order
ed to- appear before the Court March
ll3. to show cause il any cause exists
why the order should not he issued.
\ discontinuance has been entered
in the matter of Mary r. Foster rs.
John Mcclure. ejectment.
Judge Stanley has signed an order
Ito let process and injunction issue as
prayed for in the asSumpsit suit OF
Is. c. Allen vs.. T. w. Rawlins. The
Iplaintiff alleges that Ravlins purchas-
ed of him merchandise which with the
Interest on the debt amounts 20 Si5o.
He further claims that defendant has
disposed Of a part Of the goods pur-
chased and prays for an injunction %
RESTRAIN defendant from selling the re-
mainder.
L. II. Spencer in r. star Of France.
has noted an injer!OCutory appeal 20
the Supreme Court. Motion 90 qIash
Ireturn Of Collector General MCStoCksr
has been overruled by Judge Perry.
It has been stipulated in the star os
Russia" mandamus case and agreed
between the counsel that the testimony
OF Captain Hatfield OF the star %
Russia" a witness for respondent.
may be taken before Judge Perry Feb.
In, and that the testimcAy so taken
may be used by either party a. the
trial OF the cause II Is further st!pu-
lated and agreed that IN the event o:
a successful termination Of the cause
in favor OF the petitioner. that the re-
lspondent Will accept the certificate
and measurements of James Lyle. and
that the respondent shall not require
or demand that the Star % Russia
be within the jurisdiction os this
Court at the time OF the Issuance o.
the register Of said vessel. provided
the certificate OF measurement IS sd
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