The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-09-07
BY
MISTAKES
Waikiki Liquor Sellers
Discharged.
ATTORNEY GENERAL IS SLIP
Indictments Brought by Grand Jury
Quashed by Judge Hum
phreys Yesterday.

The Waikiki liquor selling cases
which have attracted more than usual
attention by reason of the Indictment
by the Grand Jury of T.. G. Macfarlane
and j. T. Hayward. proprietors respec-
lively of the Hotel Annex and Waikiki
Inn. came up before Judge Humphreys
yesterday morning. and resulted in both
cases being dismissed, and the defend
ants discharged.
! indictments were found on the 21st
of August by the Grand Jury, in which
n copy of the license granted each pro-
prietor, Macfarlane's on October 4, 1900,
| and Hayward's on October IA, the same
/ year were evidence. In the Indictment
against Macfarlane it was stated that
while holding said license as aforesaid,
to wit. during the six months next prior
To and including the 9Th day of August.
1900. within the jurisdiction of this hon
orable court. in and upon the premises
stated i'm the license, known as the
Hawaiian Hotel Annex. did sell and re-
tail spirituous liquor. and cause. per-
4, nit and suffer the same to be sold, re-
tailed and drank on said premises on
Sundays TO persons not bona fide board
ers and dodgers in the house or upon
the premises aforesaid"
! j. A. MagOon, attorney for Macfar-
lane. moved that the indictment be
quashed on the ground that the indict-
ment was not specific in naming the
persons to whom liquor was alleged to
have been sold. nor were the Sundays
upon which the liquor was alleged to
have been disposed of and drank. spe-
officially mentioned.
\ motion was entered by the attorney
10 have the Indictment quashed upon
this showing. The Attorney General
made the motion for the prosecution.
Judge Humphreys sustained this view,
and the defendant was discharged.
Paul Neumann, representing ]. +.
Hayward. withdrew the plea of not
guilty which had been previously made
and entered a motion to quash the in
dictment against his client. The same
course was pursued by the Judge and
defendant was freed.
By the same showing the indictments
against Donohue. the Long Branch
proprietor. were nolle pressed. and
Waikiki is thus cleared of all indict-
ments for Sunday liquor selling.
MARQUEE CANNOT BE FOUND.
Kela Kaka Marquee against her hus-
band Francisco Del Almeda Marquee
issued on August 20, has been returned
by the Deputy Sheriff to the Circuit
Court with the following notation
Due and dillgent search has been made
for the within named Francisco De
Almeda Marquee. but he cannot b.
found within the jurisdiction of thi
honorable court. and / therefore return
this writ unserved on the said libellee.
The libellee left Honolulu on or abou
Aug. H.. 1852. after having lived wit
his wife hut n year. and has not bee
In Honolulu since. nor has he bee
heard from by the libellant. The cas-
will be heard at the November term.
AVERY SUMMONS RETURNED.
The summons issued against VIM. {
King by Eugene Avery for maliciou
prosecution has been returned wit
service notation and comes up befor
the Circuit Court at the NOvembe
term. Plaintiff claims $4,000 for dam
Or ages resulting to him for injury don
by the said defendant TO the person
De character and feelings Of the plainti
In that he was falsely and withol
- reasonable or probable cause wa
! charged with having violated Sectio
y l57 of the Penal laws Of 1897. W. (
y King has filed a motion for hearing O
= tomorrow.
l. Avery has filed a motion to have OF
4 OF the judges sitting at chambers 81
. the cause for hearing on demurrer. T.
. morrow at 10 o'clock plaintiff will mo'
for such a hearing before Judge Hun
phreys.
ORDER FOR SALE WANTED.
b I'm the matter OF the estate of jam
4 Dodd. Robert VIM. Cathcart. execut
. Of the estate. has petitioned to JudI
4 Humphreys TO be allowed to dispose
a certain leasehold for which cash
the amount of $1,000 Is offered. He stat
that the land in question with a hou
thereon is situated on the Beach rOa
= Waikiki, assessed at a value of si0C
the said leSse is for n period yet
come Of forty-seven years at rent
, Of S2s7.5O per year and tax rate of
per year with water rate and costs
care and attention TO pay. Said pro
erty is and has been without tenar
for long period and Is source
. costs and outlay TO said estate produ
. ing no income. An offer of $4,000 ca
and has reason to believe and DC
verify believe that the property IL
fered at public auction would not bri
A % that amount.
"a. Judge Humphreys. at chambers. up
~. hearing the petition did not issue I
. order prayed for. stating that 1t q
peared to- his satisfaction proper II
- a license should be granted the execu'
in for the sale of said leasehold, but I
"A same should be sold at public aucti'
ash and not at private sale. He there
nth authorized. empowered and lcens
or the said Robt. w. Cathcart to s.
Oh transfer. assign and set over the 81
,..- lease To such person as may purch'
a. the same at public auction. He ord
that notice OF such sale shall be civ
20 by advertisement. and an upset pr
Nc Of $1,000 Is named.
70 ESTATE OF KALANI.
- J. l.. Kaulukou. guardian Of the p
son and property Of John Lot Kala
" a minor. has fled an inventory Of