The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-11-13
THE MURDER 1
CASE DRAGS'
Downing Still On Trial
In Circuit Court.
| PROSECUTION STILL ON
Much Ado Over John Bush's Salary
Probate Proceedings by
Humphreys.


noon and devoted the entire morning 10
the transaction of probate matters.
In the afternoon the examination ol
Eleakala was continued, and this occu-
pied most of the afternoon. Aalona
was then summoned to the stand he
stated that he had drunk quite gooo
deal on the day of the murder and tha' liz
| ne fell asleep on the front steps OF the CO
| Pahu house where the murder occur s
red, during the progress of the luau' %
When he awoke he saw George Poai, fl
the man for whose murder Downing Is c
on trial strike Downing in the abdo- L
men and knock him down. Then foai a
called to him for help saying that t
Downing had stabbed him. A large 4
portion of the afternoon was taken UP q
by arguments on the relevancy OF tes- I
timony as to statements made In the ,
Hawaiian language.
IL Is likely that the case will last TOT
!. two or three days longer, for the prose-
I cution has a number of witnesses still
In nut on the stand and Mr.. Strauss,
for the defense states that he also Will
have n number of witnesses for the de-
> Tense.
E JOHN BUsHs SALARY.
: John f. Bush nearly had his salary
2 locked as a result of his candidacy TOT
= the Legislature. Bush Is interpreter
for the courts and under the impression
. that as long as ne held that position he /
could not be a candidate for the legis-
lature. he rendered his resignation
: from the position the day before cleo
r ton. The day after election, the resig-
= nation not having been accepted ne
2 withdrew Il, for by that time ne nao
Q dug himself out of the snowbank IN
- which he with the other Democratic
g candidates had been buried.
= Rut when Auditor Austin heard OF
the resignation he Immediately sent TO
A Henry Smith. clerk OF the supreme
~ Court and asked for statement Oh
how long the resignation had been IN
effect. This called forth an opinion
from Judge Humphreys yesterday
wherein he held that as matter OF
fact Bush had never been out OF Office.
He says In part:
Il stated to Mr.. Bush that Chief JUS
tice Frear had non ex catheura eA
pressed the opinion that the Son ns. -
ton of the Republic OF Hawai- was re
nealed by the organic act. and that
eoncurred in that opinion. that TN
constitution Of the Republic of Hawai-
being repealed there was no law y
Force rendering the office holders men
, n ltioned in article AZ ineligible TO electro
H TO the Legislature; ana that even
the constitution were not repealed vi
SO question whether an Interpreter Is
Office holder or employee was NOT vi
foreclosed TO argument. .
Mr. Bush then requested permlsslo
to withdraw his resignation, which II
auest was granted. Under the clrcul
stances I do not think the resigns
ton was effective. and Mr.. BUSH Is az
cordingly entitled to his salary for Il
full month.
"Had he been elected to the Legisl
/. ture this position as Interpreter ut
be an Officer would have become ip
facto vacant"
PROBATE PROCEEDINGS.
Judge Humphreys was occupied
DEH' Yesterday morning with probate ma
ters. and the Downing case was po
poned until afternoon.
The accounts Of T. II. Lucas
n John Lucas as executors OF the VIII w,
lin Ceorge Lucas were referred 10 n
iii Rtgeloyy "a master in chancery, 10
W over them and report on their ac
racy. 49,, IL,
~- pavid DAYTON was appointed adm
z IL istrator of the estate OF hehri - =
Charles r. Grunwald was appoh
commissioner TO examine the matter
Works r. =: q & nc a. sse ].
Marion G. Dowsett ct al. MI VI
.'aid vas also appointed commissic
i'm the case OF Genevieve Dowsett
g., sts T,lizabeth G.. Parker ct al
sister Albertina was appolnteT4,
Judge Humphrey guardian OF w
.. y. w Taylor TI.r r. w. taylor
IA X. w. Taylor. minor children
Wrav Taylor. commissioner of agri
ture. ,., o~
tor OF the will OF r. s. Keiki. LAT
xVatLfkf Oahu.
Peter Manuel was discharged
Guardianship. and J. ~ Magoon,
Guardian. was released and MS
Edgar Henriaues was appointed
zee ~ the estate OF Henry Ram
under n bond OF SzJV'
urDGE HARTwEI.L IS MASTEl
CHANCERY.
r,dge Alfred $. Hartwell was yt
dav appointed master In chance,
the First judicial Circuit or the
tory by Judge Humphreys.
Ing pic tfar,vveil lie one OF the best know
Z photo hal -. .,,.o,,,tnent members of the
sment Of s,s.I,, hor and n was In his office
ividuais n large number Of the attorneys
insures bar began the study OF their p
sion. The appointment VIII meet
general approval
DEMURRER SUSTAINED.
Judge Humphreys yesterday su
.or "a n demurrer to the amen1eu
NM oIaint in the case OF Mele Oh
STUDIO ~ the MSwn, TSs Ssse is for
ages in $4,000 for trespass upoI
aIieged 20 belong to the PLAIN
! and e sS%t0 for over over two years.
mr. FILED a BIG BOND.
Works. The bond on ca ,ne f from the s.
, GENTS Court Of the Territory to the
court OF Appeals. has been IL
contracts ssinuiation at $4,000.
e and de- AMENDED COMPLAINT