The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-11-06

TERM BEGINS
Many Cases on Court
Calendar.
.CR| MINAL Docket SHORT
Judge Humphreys Goes Through List
and Finds Nearly all CASES
Ready.

doors with attorneys, witnesses anu
jurymen, the November term of the
Circuit Court began yesterday morn
Ing. Judge Humphreys was on the
bench. and during the morning he was
able to go over the entire civil calen-
dar. In the afternoon he scanned the
criminal calendar and set several cases
for trial. as well as mitigating the SEN
fences in some of the others.
The civil calendar, which includes
nearly 200 cases, proved to be in ex-
cellent shape, nearly all the cases be-
ing ready for trial. so that 1T will be
a mere matter of time and hard work
of the judges of the circuit TO clear IL.
1t will be impossible for Judge Hum
phreys alone to finish the work which
Is outlined on the calendar, but it is
hoped that a successor to Judge Sill
man Will be appointed before the con-
lclusion Of the term, and that he will be
able to take some of the work off the
hands of the FIRST judge.
| The criminal calendar is short, and
should not take more than a few days
to clear. as most of the cases are minor
ones, and many of them were nolle
pressed attthe instance of Deputy At
ltorney General Cathcart. Several were
likewise stricken from the calendar.
TIC HdNlIS StlNtd
their terms for minor offenses, or de-
lcided to withdraw their appeals.
In several cases Judge Humphreys
was merciful and mitigated the sem
tence imposed in the lower court. In
the case of Joe J. Silva this was so.
silva was found guilty of assaulting a
lChinese vegetable man with the mans
own carrying pole. 1t appeared. how
ever. that Silva had a wife and six
small children ranging from eleven
years to eight months, and all of them
were entirely dependent upon him for
support.
ut seems TO me-" said Judge Hum
phreys, that this is a case where the
discretion of the Judge is called upon
III this man were sent to jail for thirty
days, as the judge in the lower court
had sentenced him, it would work
greater hardship upon the mans fam
lily than upon himself
IF you were sent to JAIL" he went
on. turning TO the prisoner. what
would become of your wife and chill
dren?"
The man hesitated a moment and
then he replied in Portuguese: Il sup
pose the Lord would have to provide
for them"
The Judge pondered moment, and
then he said: II will fine this man $40
and costs. instead of sending him to
Jail.
f. ID. Haskell had been gambling and
was sentenced by Judge Wilcox to pay
a fine of $50. Judge Humphreys re-
duced this fine to $35 and costs.
The following cases were stricken
from the calendar: Territory VS.. All
Wal. larceny in the first degree; Ter
IritOry VS.. Wong Man. larceny in the
second degree: Territory VS.. Charles
! Kaeha. assault with dangerous
J weapon: Territory VS.. Il. Snead, lar
i ceny i'm the second degree; Territory
vs.. Lopez and Waiola, larceny in tho
second degree; Territory VS.. Naihe
larceny in the second degree; Territory
W.. Kawika, larceny in second degree
TERRITORY VS.. Chez Kin, embezzlement
TERRITORY VS.. Henry kia, malicious in
jury and mischief; Territory vs.. Ma
holua, malicious injury; Territory VS.
Candida. assault with dangerou
weapon.
These cases were dismissed by noll
prqsequi: Territory VS. Mashimoto
liqu2T selling without license; Terri
tory VS.. George A. Davis, violating II
cense law.
Richard Shepard. charged with cru
, lefty to animals. forfeited his bail
y Frank Murphy. charged with assault
and battery upon Sam Floyd. wa
fined s. and costs.
The probate matters which were I
have come up, were postponed unit
next Monday. All the jurors, after be
ing called. were excused until Wednes
day morning.
], Although today Is not a legal holi
. day. the courts will be closed through
out the day. so as to give all officer
an opportunity TO cast their ballots.
SUPREME COURT REPORTS.
70 Volume IL. Hawaiian Reports, is no.
10 out. IL contains some 40 pages. Tn
volume had to end with the Republi
hence the smallness of the book. II
front page contains names Of the ju:
IN tees during the period covered by II
volume. also names of the circu
judges. both under the Republic. an
those now under the Territory. TT
volume was printed and bound by Il
Hawaiian Gazette Company. and
\ handsomely gotten up in calf unifor
l with the others of the SERIES II is {
sale at the office of Henry Smith, cler
, OF the Judiciary Department.
CLAIMS HE WAS EVICTED.
Fred Meyer has brought suit in Il
Circuit Court against ID. X. Naone al
Jessie T. Naone for damages of 81,
alleged TO have accrued by his evicti'
from certain land at Kawaiahao.
his complaint he states that on Api
l. 1899. he leased from the defendan
for eighteen years the property
, c question. on October 18th he stat
that he was evicted from the land
VutStlOu. altnOubn ne ndu ptiAViii
all the covenants to be performed
his part. When he entered into 20
session OF the lands he asserts I
property was barren. and he has e
pended large sums of money, amour
ing 70 $500 in making IL suitable for
residence. The property could be rer
ed for $40 a month, and he has be
prevented from collecting this sum
the term Of the lease. Besides the
PENDANTS have taken possession OF
building belonging 10 the plaintin Vi
ued at $3.50 wherefore. he asks da
ages OF $3.50 l.. M. Strauss. A.
Correa and Charles Creighton are
attorneys.
LAZARUS ESTATE DISTRIBUTED
The final order for the distribute
OF the estate of Joseph Lazarus "
signed by Judge Humphreys yesterd
NV IL the following sums were distr
uted: For costs OF the court. SlS'
Esther Rosewarne a bequest OF VS.;
Kauimakaole Lazarus. wife OF dece'
cd. and to Alexander Lazarus q