The Hawaiian gazette., 1901-02-08
MACE RLANE
WAS ASLEEP
Why He Did not Appear
in Court.
HAD BEEN ILL ALL MIGHT
Circuit Judge Excuses Him From
Jury Duty Ihe Nsws Of
the Courts.
Crrom Wednesdays DallyJ

/ The Grand Jury commenced its work
office Of the Judiciary building. with T..
FaXon Bishop as foreman. The jury
went over the criminal cases with Dep
uty Attorney General Cathcart. prior to
making report upon them for inser-
ton in the February term calendar
These will all be disposed of before this
jury cons ders any outside matters which
have been presented for investigation.
Alabama" Mitchell has been appointed
bailff of the court. He is assisted by
officers from the High Sherlns office.
Clarence w. Macfarlane. who was on
the Grand Jury panel and who failed to
respond to his name Monday morning at
the opening of the February term of tho
Circuit Court, gave his reasons yester-
day morning, which Were accepted, and
he was discharged from custody. A
physicians certificate was exhibited
which set forth the fact that Mr. Mac
farlane had been racked with fever the
night before which had made him I'M
able to sleep. He rolled about in the
agony of his aiiment until at length eX-
hausted. he fell into the arms of Nor
pheus early in the morning and slum-
bered on and on even while the court
was convening. He awoke about that
time, hurriedly dressed and rushed
downward, when he was met by an DILL
Ger bearing the bench warrant for his
arrest. Not only was he discharged for
this offence, but he was excused for the
term.
The following trial jurors were excus-
ed for cause:
Albert Il. Harris, because he and j. G..
Spencer. both of the Pacific Hardware
Company, had been called away from
their business; j. o. Lutted ailing from
rheumatism; c. r. Collins had only a
small boy to attend to his business and
was allowed to return to 1t. W. j.
Forbes, excused for private reasons.
Thomas Mott, another clerk OF the Pa
cific Hardware Company, for the same
reason as Harris gave; A. Barnes, until
Monday en- account of illness. Abram
&c. Pifanaia and W. W. Chamberlain
We're clerks for lawyers
The jury was excused until Monday
next at 10 "a. IN. The case of the Terri
tory of Hawai- VS.. Dr. w. S. Nobltt,
practicing without license, was placed
upon the calendar and a nolle prosequi
entered. The case of Mary A. Coffied,
damages against the Territory, was set
} for hearing on Friday. The divorce ac-
tons of Bertha st. Clair vs. John St.
Clair and ]. Newa Kanaua VS.. Lucy
Kanaula will be heard today.
Plaintiff in the case of Antonio Da
Costa VS.. w. c. Cummings having filed
a certificate of judgment in the Supreme
Court obtained by him on January IL,
1901 in the Second District Court of Ho-
nolulu for S29950 and also a certified
copy of the writ of execution issued
thereon. and the return thereto, show
ing that the judgment remains wholly
,s..G..l II.
Court has decreed that the plaintiff re-
cover of the defendant the full amount
prayed for, together with attorneys COM
missions and cost. The total amount is
for s325.4.
An appeal bond with c. w. Booth as
surety has been filed by plaintiff in tho
case of Keauloa ct al VS.. Namokuena
Ewalike.
A Circuit Court order appointing
Frank X. Archer guardian of Kealoha-
okalani QO. minor, vice John Pae, re-
signed, was filed in the Circuit Court
yesterday.
The following cases on the Circuit
Court calendar have been disposed of:
Territory of Hawaii VS.. w. S. Nobltt,
practicing medicine without a license,
nolle pressed; j. M. Vivas VS.. Isabella
Batancourt, assumpsit, discontinued II.
NJ Levy VS.. w. X. AZbill, assumpsit
continued for the term by consent; A.
r. Titlow VS.. Albert Whyte ct al, con-
tinued for the term by consent. II. j.
Harrison vs. A. NJ. Brown, replevin,
continued for the term; Republic of Ha-
wall VS.. Oahu Railway & Land Com
pany, debt, continued for the term;
Samuel Andrews VS.. Wahinenui, contin-
ued for the term by consent; all insur-
ance fire cases discontinued,
Jury cases having been set over until
next Monday. jury-waived, divorces and
demurrers will be heard in the Circuit
Court during the present week.