The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-09-06
new JURY
IS CALLED
Special .Venire is
Drawn by
Gear.
AVERY ALLOWED
$500 DAMAGES
Lopez Divorce Case Reopened
Again-Judge Little Tells
a Story-Court Notes.

y
|of twenty-four yesterday, which will as
sist in the work of both Circuit Courts.
The jury was summoned by Bailiff
Hopkins for two o'clock, when they
presented excuses.
E. G. Hebron was excused from duty
by reason of sickness, a physicians
certificate to that effect being handed
to the court
VIM. Adams, employed at the Berg
strom music store, said that his en-
ployer was going to the States next
week. and he would be left in sole
charge SO that it was impossible for
him to serve. Judge Gear told him to
come in next week and he would con-
slider the matter.
James M. Sims said he could not
serve, because of business which would
suffer in his absence, there being no
one to take his place. He was ex-
cused.
Abraham Gartenberg, employed by
Grinbaum & Co., said there was, no one
to take his place in the store if he was
compelled to serve.
WHO have you among the clerks
who could take your place on the jury p
asked the court.
There are three outside clerks who
might serve" replied the reluctant jur-
or, and gave their names to the clerk at
the request of Judge Gear. He was ex-
cused, but the three clerks are liable to
be compelled to serve on the next jury.
Arthur F. Wall, employed at Wich-
employer was to leave for the coast
next week.
The panel summoned by Bailiff Hop
kins was composed as follows: Frank
Charles Bertlemann, VIM. B. Jones,
William r. Chiffon, James D. Cockett,
Joe Andrade, VIM. D. Adams, E. c..
Hebron, James NJ. Sims, Joaquin M.
Camara, Abraham Gartenberg, VIM
Blaisdell, Joseph A. Mcclure, Emil BAT
fundean, John r. Edwards, James r.
Shaw James Olds, Jr., Horace N.
Crabbe, Vincent Fernandez, w. II.
Johnson, Henry A. Giles, Arthur F.
Wall. Louis A. Rostin, Benjamin F.
vickers,~G. M. whitney.
AVERY GETS VERDICT FOR $500.
The jury in the case of Eugene Avery
VS.. The Hawaiian Gazette Co for 800,
600 damages because of alleged libel
brought in a verdict for $500 for plain
tiff shortly before seven O'Clock last
evening.
The case was on trial all day before
Judge Little. In the morning Judge
Gear was on the stand for plaintiff to
testify to an offer of $500 he had made
to defendant for a settlement of the
case, but which was refused. j. E. Full
lerton and Avery were also on the stand
for plaintiff during the day.
For defendant A. w. Pearson, w. r.
King, A. P. Taylor Chester Doyle and
others testified.
The evidence was all in before four
o'clock and the arguments to the jury
followed. Mr.. Kinney speaking in behalf
of defendant He was followed by Mr..
Davis for plaintiff. Tt. case went to
the jury shortly after six O'Clock, the
court having instructed them as to the
law questions involved.
Within three quarters of an hour a
verdict was agreed upon and the jury
returned to the court room where the
findings were read. The amount of
damages was fixed at four hundred dol
lars The verdict was signed by J. B.
Atherton as foreman.
LOPEZ DIVORCE CASE REOPENED.
Judge Gear denied the motion for
divorce in the case of Joseph Lopez VS..
Evaline Lopez. He held that the case
had not been proven and the plaintiff
then filed a motion for a reopening of
the case and the introduction of fur
Their evidence. This additional evidence
to corroborate the charge was introduc-
ed at the noon session of court yes
terday. Judge Gear again took the case
under advisement.
This same divorce case has been up
for hearing three times now. Among
the papers in the old proceeding are
some very tender love missives alleged
to have been written by defendant to
Antonio Persia, named as correspond
ent in this case, and who testified for
the husband against the woman who
was evidently very much in love with
him, whatever his feelings were. A
verbatim copy of two of the letters is
reproduced here as follows:
Dear Antoin: I will never forget your
buttyfuil black eyes they look SO sweet
! will never forget your buttyfull mouth
that is sweet when I kiss you look
like a piece of candy.
will never forget you Sweetbaa RI
you is the sweetest thing l ever seen.
Remember of your step wife, she Is
thinking of you every time in the day.
Please excuse my bad ugly handwriting,
for it ii is not good. LENA.
Good bye, good bye my sweet Anton"
MY Dear Sweetheart Anton: I write
you this few lines and I hope they find
you in good helth. So for myself, I re-
ceived your believing letter witch was very
sweet indeed. I am the same old girl you
| that, love you more and more each time.
was so sick Sunday when I new that
was you, Dear sweet hand, you told me