The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-12-04
GRELCK is
ACQU|TTE
.NoProof ThatKess
Of Beer We're
Stolen.
DAVIS WANTS
A NEW TRIAL
The Days Proceedings in Two
Circuit Courts-Criminal Cases
Are Disposed of.

Albert Grelck indicted by the last
grand jury on a charge of larceny OF
three kegs of beer from the Honolulu
Brewery, was acquitted by a jury in
Circuit Court yesterday. Just prior to
the return of the verdict Judge Gear
threatened to take the case from the
jury because of lack of evidence. At
motion to that effect.
From the evidence of the Territory's
witnesses Grelck brought the three
kegs (the empties were in evidence in
the courtroom TO the house OF Reed
early one Sunday morning. Mrs. Reed
and several other witnesses corrobo-
rated this part of the story, but the
prosecution failed to establish the con-
nection of the three kegs with the
| brewery, none of the witnesses idenu-
! flying the barrels as any stolen from
! the place. At the conclusion of the
evidence of the prosecution. Mr.. Brooks
moved for a discharge of the defendant
on the ground that the evidence failed
to connect the beer found in the pos
session of Reed with any taken from
| the brewery. The court was inclined
to take the case from the jury on this
motion, when Mr.. Cathcart asked for
permission to reopen the case, and in
troduce further testimony Represen-
| tatives of the brewery We're then call
ed in and identified the barrels as the
| same kind used by them, but none Of
the witnesses were able to establish
any positive connection or proof that
the kegs of beer had been stolen.
The court allowed the case to go to
the jury, and they were out only long
enough to take a ballot and sign the
verdict of mot guilty"
The following jury heard the case:
II. c. Bickerton, George w. Macy, Jas.
K. Merseberg, Harry 5. Swinton, John
L. Hansmann, James NJ. Sims, David
Motley, Guy Livingston. Edward K.
Blake, George K. Kaia. George w.
Harrison and Alexander K. Aona.
THE NoBREGGA CASE.
A decree was signed yesterday by
Judge Gear in the Nobregga divorce case.
The defendant is given fifteen days in
which to pay the $4,000 alimony ordered.
DAVIS WANTS NEW TRIAL
An affidavit in support of the motion
for a new trial in the case Of VIM. Davis
was filed by Marston Campbell yestcr-
! day Affiant states that from the rel2-
| tive positions of defendant and the pros
ecuting witness at the time of the shoot
! ing, it would have been impossible for
Davis to have fired the bullet One OF
the grounds In support Of the motion is
| that the jury which rendered the verdict
was not authorized by law to do so.
/ Campbell, in his affidavit, says that h9
| is civil engineer by profession and is
| familiar with the angles resulting from
the course of missiles, protectilas or OH
er moving bodies The deponent fur
! Their alleges as follows:
| THAT he has been informed lhat OK
the trial herein witness testified that
while sitting in two-wheeied vehicle
| in the position ordinarily maintained by
person driving, defendant being on
| horseback shot witness in the back
while witness was in such 4 position that
the bullet entered below the right Shout
| der blade and came out above the right
nipple. and that said bullet was not de-
fiected in it's course.
THAT deponent alleges that as mat
! ter of fact said witness could not have
been shot in such way, that # be had
been so shot the course Of the bullet
would have been slightly downward in
stead of upward that for the bullet to
take such a course as is testified to by
witness. defendant would have been up
on the ground, or witness in a lying
down position.
THAT deponent has caused a sketch to
be made under his direction TO illustrate
;
! If the same had been fired as testified
/ to by said witness"
J HUMPHREYS ORDERS ARREST.
/ Warrants were issued yesterday by
Judge Humphreys for the arrest of Will
liam Savidge, Harry Jaen ard ]. H
Schnack. complaint Of kamakse (w).
who alleges that the alive named men
! did malciously and forcibly inflict
corporal injury upon the tffiant by seiz-
ing, iyulling and striking her.
THE DEsKY CASE
The hearing of the ease of Kapiolani
Estate-vs. Chas. Desky was held yester-
day In chambers. The Court reserved its
decision. This is the suit for foreclosure
Of mortgage upon the Progress block.
A decision was filed by Judge Hum
phreys sustaining the demurrer In the
complaint in the case of r. Wurienbers
VS.. Geo. Markham, and Diminishing the
bill
CRIMINAL. MATTERS.
In the case of Kailianu. charged with
the larceny of tools from David kainai.
a plea OF guilty was entered and the de-
fendant sentenced to pay tine OF 80 ana
costs taxed at $3.50.
Sentence was suspended in the case OF
Luna Nui Kahoomia, charged with lar
ceny in the second degree. The defend
ant pleaded guilty to the theft OF bi-
cycle from II. c. Brown, secretary OF the
Y NJ. c. a.
A nou,. prosequi was entered by Depu- |
ty Attorney General Cathcart in the case |
of a Lazarus. the youth charged with |
placing stones on the rails of the Rapid /
Transit Company
The cases of +. H Loucks and Joseph !
Hartmann were nolle pressed yesterday. /
The. former was charged with needless |
driving and was nned So in the lower |
court.
Hartman was charged with violation Of /
the liquor laws and was fined $50 by 1
Judge wilcox.
. to-, ~, hos baaD filed in the es- /