The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-08-08
THE AUGUST TERM
Guilty of Murder in the
Second Degree.
Governme Falls to Present In
First Days Proceed ings.

The August term OF the First Cir
cult Court opened yesterday at 10
O'Clock, Judge Stanley presiding. An
unusually large number of attorneys
were present, most of whom remained
until the calling of the long calendar
was completed.
| The first case called, that of Repub-
lie of Hawaii VS.. Antonio Marshall,
distilling liquor, was nolle pressed by
the Government.
Annie Kino, under commitment for
sentence for forgery, was continued
! until a. m. today, when sentence will
! be passed.
The appeal of S. Kaanaana from a
sentence of $40, fine and costs in the
| lower court, was withdrawn and the
fine paid.
Lilinoe, accused of practicing medi-
| cine without a license, will be tried
| tomorrow, she being "indisposed," as
her attorney termed the condition in
which she made her appearance.
The appeal of Kaleiwohi from a con-
viction for gambling was withdrawn
and the fine paid.
| In the embeZZlement charge against
Henry Publ, the prosecution failed to
present an Indictment and the defend
ant was discharged.
| David Kui was indicted for assault
with intent to kill and given until to-
day to plead.
In the case of Samuel Aku, charged
with mayhem the Attorney General
announced that no Indictment would
be presented and he was discharged
! from custody.
| In the case of G. o. Flynn, convicted
in the District Court of Eva of ma
licious injury, the appeal was dis
missed and defendants bail bond de-
| clared forfeited.
The case of J. r. Highly, charged
with assault and battery, and before
the Court on a change of venue, was
set for trial on Monday, August p.
Joe Fraga, heretofore convicted of
assault with a dangerous weapon, was
ordered to appear for sentence on
Wednesday morning.
When the murder case Of George
Wade, the man who shot and killed
William Gillespie on the steamer Aus
tralia on May 16, was called an indict-
ment for murder in the first degree
was presented. A. l.. c. Atkinson on
behalf of the defendant announced
that his client was ready to plead
guilty to a charge of murder in the
second degree. Attorney General
Cooper, for the Government, stated
that the plea would be accepted as sat
isfactOry. The plea was accordingly
entered and the defendant ordered to
appear for sentence on Wednesday
morning The punishment for murder
in the second degree under Hawaiian
laws is Imprisonment for life or not
less than twenty years, in the discre-
-tiOn of the court.
The civil suit of N K. Eldredge VS..
S. Parker, action on contract, was set
for trial next Monday, as was also the
appeal in the matter of the Estate OF
Nalimu NOiwi.
In the case of T. r. Mossman VS.. S.
NJ. Damon ct al, trustees, motion
to ouaSh the service of summons was
presented.
The assumpsit suit of J. A. Magoon
vs. L. Marks, on appeal from the Dis
trict Court of Honolulu, went over to
await Mr.. Magoon's return from the
Mainland.
At the afternoon session the Court
and a native jury took up the trial OF
Kahue and three others, an appeal
from conviction of assault and bat
terry in the District Court of Honolulu
and the case was still unfinished when
the hour for adjournment arrived.
Late in the afternoon the Attorney
General announced that no indictment
would be presented by the Government
in the case of J. G. Cohen, charged
with smuggling goods, on appeal from
the Honolulu District Court.