The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-12-06
JURY TRIED
The WINE
Liquor Case in
the Circuit
a Court.
HUMPHREYS
SCORES SPIES
Yesterdays Proceedings Were of
Little Interest Cartwright
Loans Unauthorized.

With beer and wine cases as an al
most daily menu the present petit jury
in the Circuit Court should be having a
pleasant time while periodically serv
ing the government. Early in the week
three beer kegs were introduced as
exhibits in the Grelck case and yester
day a bottle of wine purchased from
A. Kuhnst was shown to the jurors that
they might decide whether or not it was
Intoxicating. The bottle containing the
red liquid was handed around to the
jury by Mr.. Cathcart for smelling pur-
pose, but two of the members did not
content themselves with a simple smell
but held the bottle to their lips. and
sampled the contents in much more
realistic manner.
| Kuhnst bears some resemblance to
the published portraits of Dom Paul
Kruger. He is a patriarchaI appearing
German of over eighty years and ap-
/ peared in court yesterday accompanied
by his wife.
Extreme difficulty was anticipated in
securing a jury as half a dozen of the
men sworn stated that they would be
prejudiced against any evidence given
by police spies. Judge Humphreys made
another attack on the system of en-
ploying informers to secure evidence in
liquor cases saying:
"A man who will deliberately ingra
tate himself into the confidence of an
other for the purpose of betraying that
confidence, and while with words of
friendship upon his lips he is seeking
by every means in his favor to obtain
an admission which can be tortured
into a confession of guilt which he
may play on the world, as a means to
accomplish the downfall of one for
whom he processes great friendship,
cannot be possessed of a very high
sense of honor or of moral obligation.
Hence the law looks with suspicion on
the testimony of such witnesses and
the jury should be specially instructed
that in weighing their testimony great
er care is to be exercised than in the
case of witnesses wholly disinterested.
1t IS doubtful if anything is really
gained in the administration of the law
from the admission of such testimony
If it is answered that confessions are
thus obtained which could not other
wise be had it may be said in reply
that the same is true of the rack and
wheel by means of which confessions
were formerly forced from it's victims
but which experience showed were en-
tirely unreliable"
l,,"t
believe there was another place in the
world excepting perhaps Russia or
France which was so infested with
police spies as is Honolulu.
The jury was out for nearly an hour
before a verdict of acquittal was re-
turned. 1t was composed of the follow
ing men: George w. Macy, Joseph
Richards, Jonah K. Nakila, George w.
Harrison, E. Woodward, G.. K. Kaia, ].
NJ. Davis, r. A. Dexter, Harry s.
Swinton, ]. Kahalepua, Guy Living
ston, Alexander K. Aona.
COURT BRIEFS.
Alfred W. Carter has filed his second
annual account as guardian of Annie 7. |
X Parker The income is derived large |
ly from the Parker ranch. the earnings |
from which for the year We're s16.65O. The |
receipts for the year amounted to over |
mense amount of lands, cattle. bonds, |
etc.
Elizabeth Kawaluna has asked that she !
be appointed guardian of the estate OF 1
her sister, Annie Makanu.
The cases of Territory vs., Napoliona !
and Territory VS.. Cresporo de Aies Were /
ordered stricken from the calendar yes
terday
]. r. Holt has transferred the juds-
ment of S1,O57.S5 to Thos. Fitch obtained
III the matter of the estate of r. w. Holt.
deceased. In a decision upon the mas
ter's report. the Court holds that the
money held by Henry Smith 81 ia. must
be paid into court. In his decision. the
Court says:
This Court cannot by another trus-
tee act as a collector for Mr. Cartwright I
except as provided by law. in a proper
action when the proper process of the
court is invoked. The court feels that
Mr.. Cartwright should be repaid but IS
powerieSs to5order the trustee, Mr.. Henry
Smith, to withhold the money due the
Hollis as their income, for the reimburse
ment Of Mr.. Cartwright. The Court is .
compelled to grant the prayer of the pc
tition and hereby orders Henry Smith
trustee of the Holt estate.( to pay into
court forthwith the sum Of $2.114TO, one
hali thereof for J. u. Holt and one-half
thereof for J. r. Holt"
y. J. Gonsalves and Mrs. Mary Young !
pleaded guilty TO a charge OF adultery /
yesterday, and sentence was suspended (
until the February term. Judge Wilcox /
mad fined the man SO and the woman
$50 and costs.
The case of Oscar I. Rothschild. chare-
ed with gross cheat, was ordered strich-
en- from the files
The defendant is said to be in San
Fanclsco. and could not be found. He
was sald TO have obtained 800 from AL
bert Barnes by means of a forged drsft
san was declared forfeited in the cas-,
81 Natsumoto, charged with larceny in
the second degree
a motion 10 dismiss the appeal in the
use o' Joaquin Silva vs. J. F Souza,