The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-05-28
JUDGE EDINGs' COURT.

oeHee 10 Inc nearing OF the contempt
proceedings.
JUDGE EDINGs' COURT.
The trespass case of Kalau VS. Eva
Plantation Co. and w. J. Lowrie was
taken up in Judge Edings' court yester-
| day afternoon, Kinney, Ballou & Nc
Clanahan and Magoon & Thompson APP
pearing for the plaintiff and Cecil Brown
and F. w Hankey for the defendant. Ev-
idence was taken for the plaintiff and
the case continued until this morning.
The following is the list of jurors be-
fore whom the case is being tried: Man
Vel q. Gonsalves, Alfred NJ Mellis. Jas
f. Fullerton, Ward S. Bartlett VIM H
Lyle. Hugh H. Walker, Horatio G..
Crabbe, Ed E. Holstein. Walter a Har-
dy, Thomas j. Quinn, Sol. D. Kokf and
Walter NJ. Pomroy.
COMPLEXION DAMAGE SUIT.
The HOLSTER Drug Co yesterday filed
its bond on appeal in the sum of $500 in
the damage case of Nellie A. Cook VS..
HOLSTER Drug CO., in which suit judy
ment was rendered for plaintiff in the
sum of $500 on i thursday last by Judge
Edings. Vim. Woon is the surety given
on the defendants bond. Notice is Civ
en- by Robinson & Wilder, defendants at
torneys, that motion for new trial would
be presented to the Court today at 10
O'Clock a. m. The motion is made on
the grounds that the verdict was con-
tEary to law, the evidence and the
weight of evidence; that the Court erred
/ in refusing defendants motion for non
suit and in many other particulars emu
merated
MILK ADULTERATIoN CASE DECI-
SION.
The unanimous opinion of TIE Su-
preme Court was filed yesterday in the
case of the Territory VS.. M Abreu,
which is an appeal from the District
Court of Honolulu, where defendant was
convicted and sentenced the follow
| ing charge, Violating section 8, Act "a,
Session Laws of 1898. in Honolulu, Oahu,
December IS, 1900, by selling a certain
article of food, to wit, milk, which was
| substituted in part with a cheaper sub
stance, to wit, water
| To this charge the defendant demurred
on the ground that the same does not
state facts sufficient to constitute any
crime or offense against any law of the
Territory of Hawaii and particularly not
tagainst section 3 of Act 8 of the Session
tLaws of 1885,
| Justice Perry writes the opinion, con-
GLIDING: The appeal is sustained and
the defendant is discharged
! In reviewing the case the Court says
that section of Act "a of the Laws OF
i1S9S merely defines the term "adulterat
ed" so used in the Act, while the de-
scription of the ofense of selling adul
Iterated drugs or articles of food and the
i statement of the penalty therefor arr
contained in other sections of the Act
1.-The syllabus of opinion reads thus:
If the prosecution undertakes in charg
ing an offense. TO recite the statute o.
section thereof, in violation of which thu
offense is committed, and makes tn
recital incorrect. such mis-recital is
fatal defect; at least in case where
If the portion of the charge referring t.
the statute is stricken out, sufficien
not remain.
J. W. Cathcart Deputy Attorney Gen
Ieral for the prosecution; l. NJ. Long, TO
the defendart.
DI-sKY VS.. LACK.
Execution was yesterday ordered t
be levied upon the real property of Mrs
Thomas Lack 10 satisfy Judgment il
favor of Charles s. Desky for damage
in the sum of s3ea and costs amountin
| to S74. 49, the required thirty days motto
to be given.
In re the probate of the will of Ma
lima, it has been agreed by stipulatio
of Kinney, Balou & McClanahan, con
testant's attorneys, and Magoon
Thompson, counsel for proponents, tina
proponents may have five days afte
completion of stenographer's notes i
which to file bill of exceptions, not t
exceed sixty days from yesterday.
GRIEvE ESTATE.
James L. Mclean, administrator G
the estate of Robert Grieve, deceased
has filed final receipts showing distribu
ton as follows: To Jennie Grieve, $40
l727. SO in cash, household furniture value
at 500. eight shares Inter-Island Nav
CATION Co.'S stock valued at $780, on
Ishare Peoples Ice & Refrigerating Co.
stock valued at 500, five shares Hawai-
an Construction Co.'S stock valued 8
$780, the same being one-third of the pei
sonal property of said estate accordin
to inventory filed. To Mrs. L. Griev,
l $40, T27.70 in cash, household furnitur
valued at 500, eight shares Inter-Islan
Steam Navigation Co.'S stock valued 6
$500; five shares Wilder S. S. Co.'S stoc
valued at $500. one share Peoples Ice
Refrigerating Co.'S stock valued at $40
! same being one-third of said estate a.
] cording to inventory filed. To Jennie I
u Mclean, $40, 727. SO in cash. household flu
2 niture valued at 800 fourteen shares II
ter-Island Steam Navigation Co.'S stoc
valued at s1,400. same being the remain
ing third of said estate according to il
ventory filed.
COURT NOTES.
The members of the Fire Claims Con
mission yesterday fled their oaths of o
Q fee with the clerk of the First Cireu
Court.
The annual bar meeting of the H
lwaiian Bar Association viii be held I
morrow morning at $50 in the Judicial
, building.
Helen G. Henshan was yesterday
Judge Edings appointed executor Of t
will of William A. Henshall. to ser
without bond. an inventory to be FL
4 within thirty days,
Lau Yin and Lau Tong, administr