The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-02-14
Victory for Defendant in a
$1,000 Damage Case.
WERE FLIGHTS OF 0RAT0Ry
Jury Out a Long TIme-Three Dis
sent-Anti Mouth Sprinkiing
Law Unconstitutional.

Before Judge Perry yesterday the !
Vida-Carty damage suit 81 .OOOI o.
cupied the attention OF the court and
jury throughout the day. Many Wit
nesses were examined and the closest
attention of the jury was required dur
ing the trial. Lawyers Davis AID
Dickey conducted the trial for the
pIaintiff. Attorney McClanahau ap-
peared for the defendant. The near
est approach 20 oratory yet reached
during this term of Court was uttered
yesterday afternoon. Both attorneys.
McClanahan and Davis, were at times
eloquent when addressing the jury. Mr..
McClanahan pictured the struggle n
Carty's livery stable between Vida and
Carly with almost painful vividneSs.
telling of the blows given by Vida. a
young man of 81. and received by Car
~, an old man OF 90. The contrast was
given the more strength by the pres
ence of the two men in the court room.
Perhaps the chief power OF Attorney
Davis is his intense earnestness. HIS
apt quotations from the Bible concern
ing truth. and his dramatic accusation
OF perjury on the witness stand direct
ed against Carly were only equaled by
his sarcasm when speaking OF the in
| fallibility OF policemen. a thrust the
more interesting because OF the fact
that Marshal Brown had given testi-
mony for the defense.
Ii was difficult to decide upon which
side was the preponderance OF EVIL
dence. The jury was out two hours
and half. returning a verdict for the
defendant, three dissenting.
-
Tai was convicted OF importing opium.
three jurors dissenting. Yong Tai was
one of the Cinnamon who came on the
Doric and was held in quarantine dur
ing the hearing OF the habeas corpus
| petitions by the Supreme Court. HIS
sentence was set over till Wednesday.
| Chu Kit. who was sentenced to pay
fine of $3.50 by the District Magistrate
of Waianae. for having opium In pos
session. appealed to- the Circuit CouTs.
The sentence of the District Magistrate
was confirmed.
During the afternoon Fiodor Weiz-
biski occupied the attention OF the jur-
ors. WeiZbiski was charged with lar
lceny in the first degree. Mr.. De Bolt
attorney for WeiZbiski. placed him OF
the witness stand. Mr.. Dole. attorney
for the prosecution, met this testimon:
with that OF Jakubowski's. Jakubow
lski was the man from whom the prop
lerty had been taken. The jury retire,
for about two minutes and returne,
with a verdict OF not guilty. Their,
will probably re an appeal for a new
trial. JakubowSki claiming that certain
letters of great Importance were no
produced.
The Supreme Court has rendered
decision on the appeal case OF Chin
Geung and Kaing. for violating act :
of the session laws of 1898, relating :.
the sprinklinS of clothes to- be ironeC
lby means OF the mouth. The dccislo
reads that it does not find II neCessar
to decide upon the healthfulness q
, the measure because we believe tina
viewed as a health measure, the stat
ute is an unreasonable regulation.
is not confined in its terms TO cloth
ling Numbered for hire nor even To IN
lclothing of others. Any person ejeC'
1. ing water from his mouth upon III
own clothing in ironing would }
: guilty of a misdemeanor under IN
lact. This is beyond the valid eXercii
of the police power. The rights OF II
ldividuals cannot be abridged except
so far as may be necessary to preve
injury to the rights OF others
The act is declared demonstrations
The decision was written by AttornC
5. VI. Ballou. sitting for Frear, j., al
sent. The decision is ConCurred in
Chief Justice Judd and Associate Ju
tice Whiting.