The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-05-28
ULTERER OF MILK
ESCAPES PENALTY
Supreme Court Opinion
Voids a Dairyman's
Sentence.
is MlsGHARGED AND DISCHARGED
TREsPAss SUIT AGAINST EVA
PLANTATION COMPANY ON
TRIAL BY JURY.
erieve and HenshaII Estates-Dess<y
vs.. Lack coneluded-Fire Claims
Commissioners Take oash-suis
Against w. C. Aehi.

A unanimous opinion OF the SUI
preme Court was fled yesterday in the
case Of the Territory VS.. NJ Abreu.
It is an appeal from the District court
OF Honolulu, where defendant was
convicted and sentenced on the fol
lowing charge: Violating Section s,
Act 81, Session Laws of 1898, in Ho-
nolulu, Oahu. December %, 1900, by
selling a certain article of food, to
wit, milk, which was substituted in
part with a cheaper substance, to wit,
water"
To this charge me defendant de
INJURED on the ground that the same
does not state facts sufficient to con-
stitute any crime or offense against
any law of the Territory of Hawaii.
and particularly not against Section
3 of Act 81 OF the Session Laws of
1898"
Justice Perry writes the opinion,
concluding: 1.-THE appeal is sustained.
and the defendant discharged"
In reviewing the case the court says.
that Section of Act "a of the Laws
of 1898 merely defines the term "adul-
terated" as used in the act, while the
description of the offense of selling
adulterated drugs or articles of food
and the statement of the penalty
therefor are contained in other sec
tons of the act. The syllabus of opin-
ion reads thus:
IF the prosecution undertakes, in
charging an offense. to recite the sta
tute of section thereof, in violating
which the offense is committed and
makes the recital incorrect, such mis-
recital is fatal defect, at least in a
case where, if the portion of the
charge referring to the statute is
stricken out, sufficient and direct
statement of an offense does not re-
main"
J. W. Cathcart, Deputy Attorney
General, for the prosecution. /. NJ.
Long for the defendant
Kalau VS.. Eva Plantation Co. and
w. ]. Lowrie, trespass, came on for
trial before Judge Edings. the follow
Fullerton, Ward S. Bartlett, VIM. II.
Lyle, Hugh H. Walker, Horatio G.
Crabbe, Ed. C. Holstein. Walter A.
Hardy, Thomas J. Quinn, Sol. d. Ko-
XII. Walter NJ. Pomroy, Manuel A.
Gonsalves and Alfred NJ. Mellis. Kin
ney, BaIlou & MeClanahan and Ma
COON & Thompson for plaintiffs; Ce-
Gil Brown and F. W. Hankey for de
fendant.
Judge Edings appointed Helen G.
Henshall executrix of the will of heI
late husband, VIM. A. Henshall, tc
serve without bond according to the
will Deceased was the well-knowI
lawyer who went down in the steamer
Rio de Janeiro.
Deputy Sheriff C. F. Chillingworti
returns as fully satisfied the execu
ton in the case o. C. S. Desky VS.
Mrs. Thos. Lack. 1896. As having beer
paid covering Judgment and all costs
Lau Yin an Lau Tong, administra
tors of the estate of Lau Chong, de
ceased have brought suit against "
c.. Achi on sundry promissory notes
claiming s1S76.21 as due thereon. An
drews. Peters & Andraae are attoI
news for compliments.
!. Final receipts have been filed b,
James L. Mclean, administrator o
the estate of Robert Grieve, deceased
from Jennie Grisye, VIM. L. Griev
and Jennie r. Mclean. each for SO
T27.69, being one-third of the persona
property of the estate.
The members of the Fire Claim
Commission. together with NJ.
Riggs. secretary, fed their oaths c
office Yesterday.
HOLSTER Drug Co.. Ltd, has give
a bond in $500 OIL appeal from the vel
dict of the jury awarding $500 dan
ages against it and in favor of Nelli
A. Cook
BY stipulation of counsel on bot
sides the proponents On the viii {
Nailimu NAV have five days after con
pletion Of stenographers' notes to I'll
their bill OF exceptions. but not to e.
coed sixty days.