The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-10-23
CAPT, BAKER
GOES FREE
Grand Jury Fails to Indict Sea
Captain, But Holds the
First Nate.

The Federal grand jury made a sec
ond partial report to Judge Estee yes
terday morning, returning an indict-
ment against Mate Mcdonald for as
sault upon the high seas, and ignoring
the charge against Captain Baker of
the same ship, the Emily Reed. The
informations pending against both he
and Mcdonald were dismissed on mo-
ton of the United States attorney.
Baker is in San Francisco and will not
have to appear in court.
Mcdonald is said to be in the same
city, and is expected to come to Ho-
nolulu on the Sonoma according to the
statement of his attorney. The case
was continued for two weeks, and if
Mcdonald is here by that time his bond
will be exonerated, as Judge Estee stat
ed that he had no intention of work
ing a hardship to any man.
NEW FOREMAN FOR GRAND JURY.
J. B. Atherton, who is to leave for the
coast today in the Alameda, was ex
cused yesterday by Judge Estee from
further service on the grand jury. He
stated that he had important business
which must be attended to, and the
United States attorney joining in the
request, the court excused Mr. Ather-
ton. 1t was thought that the jury
would complete it's labors in time, that
being the understanding when Mr..
Atherton was called. C. H. Brown was
appointed foreman of the grand jury
in place of Mr.. Atherton, and the jury
was then sworn for second time.
Several members of the jury were
not present in court when their names
were called yesterday. Geo. H. Paris,
K. B. Porter and D. B. Murdoch were
absent but no action was taken by the
court, who stated that he would con-
slider their cases upon their reporting
for duty next Monday.
Geo. c. Stratemeyer appeared just as
the jury started to leave the court
room.
IT was delayed by the horse cars"
he said in explanation.
well, I suppose that is a good ex-
cuse," said the court smilingly.
w. D. Balding. whose wife is i'll, was
excused until the fourth Monday in
November; if his wife is not recovered
by then, he will be excused for the re-
mainder of the term. Judge Estee re-
| marked that all the jurors would be
needed at that time, as the Pearl Har-
Dor cases were to be called up.
PoONFy FINED 500
H. Rooney, the hackman charged
with obstructing the United States
mails, pleaded guilty and was fined
| twenty dollars by Judge Estee.
His attorney, F. NJ Brooks, appeared
and pleaded extenuating circumstances
as a reason for a light sentence.
He stated that Rooney's hack was
blockaded by other hackmen, and he
was unable to get out of the way OF
| the mail-wagon when requested, that
| the wagon collided with his hack, drag
| cling it some distance, and in the alter
cation the driver struck him. Mr.
Brooks further stated that Rooney had
been acquitted in the Police Court, thai
| he had recently suffered heavy losses
in the Honolulu Stock Yards fire, and
was not to blame, but that in order tt
save court expenses he would plead
guilty. In view of these facts the court
was asked to be as lenient as possible
a request in which Mr.. Dunno joined
stating that it was the first offense OF
Rooney, and that he had always borne
a good character.
The court imposed a fine of twenty
dollars. The maximum for the offenst
is 800.