The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-11-30
NIL Be SENTENCED ON TUESDAY
MOTION FOR NEW TRIAL TO BE
HEARD FIRST THING MON
DAY MORNING.
Judge Humphreys Requests Further
Argument on the De Greaves Case.
New Members of the Bar-5et-
tiers Case in Supreme Court


waii VS.. VIM. Davis for malicious
VAS b-Eun in Judge Gears cJu,I at
the noon session wednesday. was re-
sulned yesterday morning at $3.50.
After examination Of two witnesses
sur The defense v re. = MoCa1ts
Stewart made a magnificent argument
BE- fore the jury in favor of the acquit-
tai of his client.
He was followed by Assistant At
torney General Douthitt whose power
full appeal for the conviction of Davis
made matters look dark for him.
Judge Gears charge was clear and
to the point.
1t had been claimed by the defend
ant that he was intoxicated when the
shooting occurred and that he knew
nothing whatever about ii.
In his charge the Court explained
to the jury that voluntary intoxica-
ton was no excuse for the commits
sion OF a crime. Instantly Attorney
Stewart was on his feet and begged
leave to state. that no defense had
been put in as regards Davis having
been drunk. and that no matter what
his condition may have been at the
time he disclaimed any commission
or knowledge of the crime
The jury retired at 1880 and after
being out forty-five minutes return
ed verdict of guilty.
Attorney for the defense gave no
tice that he would make motion for
a new trial. a hearing for which was
set fer Monday at $50.
Judge Gear has reserved sentence
in the case until TUESDAY, at 10 a. m,
in the meantime the defendant is al
lowed his liberty, the old bond being
accepted until Tuesday.
De Greaves Divorce Suit.
Judge Humphreys desired further
argument in the above case. and yes
terday Attorney T. McCants Stewart.
representing the plaintiff. and Col.
Fitch, for the defense, made powerful
pleas in favor of their respective
clients
Attorney Stewart, covered every de-
tail of his case wherein he stated
that while De Greaves was fully cog
infant of his wife's Illicit relations
with one, John Stephenson, he for
several years did all in his power to
induce her to lead a true life. He
refused to have anything further to
do with her. and so stated this de-
termination to her, and in the pres
ence OF witnesses.
Col. Fitch followed with his argu-
ment. claiming that as De Greaves
had condoned the actions OF his wife
during the past IA years he had no
right now to come before the Court
and pray for divorce and especially
so, when some time since his wife
had defeated similar action. as was
shown by the Court records. He quot
ed at length a number of decisions in
like cases. among them being Haw-
kins VS.. Hawkins: Morrison VS.. NJ rri-
son; Stone VS.. Stone: Woodward VS..
Woodward; Lowering VS.. Lowering.
and others.
After the argument was concluded
the Court announced that decision
in the case would be handed down
Monday
Term Extended.
Judge Humphreys issued yesterday
an order as follows:
II appearing TO the satisfaction OF
the Court proper that this order
should be made
1T is ordered that the November
A D.. 1901. term of this Court be.
and the same is hereby extended for
the period of twelve davs from the
End day OF December. 1901"
New Members of Bar.
Sitting in chambers yesterday
Judge Humphreys after examining
G. W. K Kauimakaole and Keoni Ka-
nui as to their knowledge OF law and
their ability TO practice the same. ad
mitted them TO practice in all the dis
trict courts Of the Territory Of Ha-
wait
In Supreme Court.
In the case OF Mrs F. c. Betters
who has fought a $3.50 auction bid
through three courts. a decision was
handed down from the Supreme bench
yesterday putting a quietus on the
matter. A unanimous opinion of the
court has been rendered oyerruling
fhe exception Of defendant to the
judgment OF Judge Gear without
jury, Justice Galbralth wrote the
opinion.
In this case the defendant refused
70 accept or pay for certain articles
she bought at auction amounting to
three dollars and twenty-five cents
She based her refusal TO pay for the
articles upon the fact that the auc-
tioneer- failed TO send them TO her
house as directed.
C. C Biting appeared for the plain
til and T. MeCants Stewart for the
defendant
Court Notes
In the probate division of the First
Circuit Court Mrs. Isabel Nee. Jones
fled yesterday her third annual ac-