The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-02-27
STEW T
SHOOK.
Narrow Escape Of
Wen-knOWn
| Lawyer.
IVIALS OF WRATH
WERE UNCORKED
Grand Jury Takes Recess Until
Thursday Morning at
Ten O'clock.

the Territory of Hawaii VS..
Smith, was a late arrival at the
Circuit Court room yesterday afternoon
and he at once heard from the Circuit
Judge. The case had been set for 2
o'clock sharp. The Judge was seated
on the bench promptly at the hour and
the. ora tor-lawyer was not visible. The
Judge looked stern and ordered the
case passed for the time being. The
jurors for an assault case had been
called when Mr.. Stewart put in an APP
pearance, breathless from the Judiciary
stairs The Judge became cognizant
of the attorneys presence and soon
called him to account for his dilatori
ness.
.If your honor please said Mr..
Stewart, suave1y, cit was due to my
failure to find hack. l telephoned to
the clerk of the court that was COM
ing right up
But you didn't come right up, did
YOU. Mr.. Stewart inquired the Judge.
well. if your honor will allow me,
replied Mr.. Stewart. Il depended upon
getting hack from a stand in the vi
cinity of my office, but when / got there
not hack or vehicle of any kind
was 10 De loulit AS Ills 10 q Nds7N -
which | was appointed as counsel by
your honor, 1 am sure your honor VIII
feel that l have put my heart and soul
into the case
IT am we'll aware. Mr.. Stewart, that
you are usually prompt in your at
tendance upon court, but if late jurors
have to be censured, it is more impor-
tant then that the attorneys be censur-
ed likewise. However, Mr.. Stewart. l
will pass the matter this time.
Attorney Stewart sat down relieved
NAHOLUA CASE
The Circuit Court was engaged yes
terday in the trial of the Territory vs.
Naholua, charged by Ho Kan with ma
lIicious injury. The following jurors
were selected: Geo. Clarke. p. H. Bur
nette, F. d. Creamy, Jas. F.. Jaeger,
Jas Veltman, P. r. Helm, Geo. Mark
ham. J. H. Mackenzie, c. K. Quinn,
Chas. Ramsay d. l. Bailey w. }.
Smith Deputy Attorney General
Cathcart, for the prosecution, was as
sisted by J. NJ Davidson. the defendant
being represented by J. L. kaulukou-
Naholua it was alleged, was one of a
number of boys gathered at the lime
kiln. Nuuanu valley, when Ho Kan ap-
peared driving a wagon toward the Pail
containing merchandise of an assorted
| character Ho Kan claimed that Ma
| holua and others maliciously rushed
upon him and his horse, frightening the
! latter and causing a runaway. Ho Kan
was thrown out and seriously hurt.
! The jury retired at 11:57. AT O'Clock
the trial jurors came back into the
court room and requested more infor-
nation upon the meaning of the term
malicious"
| The Judge informed them that I'M
| der the law malicious" is understood
to mean needless disregard of the
legal rights of others. The jurors again
retired to consider their verdict and re-
turned verdict of not guilty at 3:4o
| D. M after deIiberating on the mat
ter for four hours.
The Judge called the boy before him
and told him plainly that under his in
structions to the jury the latter could
just as well have brought in verdict
tof guilty He hoped the youths
experience would be a lesson to him
and that he would be more careful of
his conduct in future.
Joseph Campbell, a member of the
Arizona bar, was admitted yesterday TO
practice before the Supreme Court of
Hawaii Mr.. Campbell filed certifi-
Gates from judges and justices of the
Arizona courts, together with the en-
dorsement of the First Circuit Judge
of Hawaii.
The Wailuku Sugar Company seeks
an injunction against the Hawaiian
Commercial and Sugar Company and
has filed papers to that effect. The
plaintiff company asks to have the de-
Ifendant restrained from obstructing
the flow of water from the Wailuku
river to its detriment. 1t is alleged
that the plaintiff, by prescription and
according to custom in the Islands, has
an easement on the bed of the stream
and therefore has the right to have the
waters flow freely. 1t is alleged a
stone wall has been constructed in the
stream by the defendant between the
Waikiki bridge and the Waihee flume.
Rock and other debris taken from a
tunnel on the defendant company 5
property is also said to have been
dumped in manner to obstruct the
stream. Temporary injunction is
prayed for
Libels for divorce have been filed as
follows: Y. Ahana against his nauVe
wife, ,Kahooio on the charge of adul-
terry and Frank NJ. Spencer against his
wife, Christina n. Spencer, for wlifui
and utter desertion.
In the matter of the estate of Ben
jamin E. Steigmann. deceased, j. A.
Magoon, administrator, yesterday hied
an amended inventory of all property
real and personal and mixed, that has
come to his knowledge as such ad-
ministrator in lieu of the inventory
filed by him on January H. The ne"
inventory gives total of s2,2sS.s 20.
The Grand Jury came INTO the Ut
cult Court room yesterday morning anu
stated through Foreman E. F. Bishop
that there was no further business be-
fore them and asked to be allowed to
take recess until Thursday morning
at 10 o'clock. The request was granted
Pleas in the case of c. Heffernan