The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-11-15

The jury was out but few minutes
when another verdict of acquittal was
returned.
MCDONALD FOUND GUILTY.
Charles Mcdonald, first mate of the
Emily Reed, was found guilty of the
charge of assaulting a sailor upon the
high seas yesterday. The following
jury heard the case: w. ]. Hickey,
Charles E. Murray F. G. Smith. A. d.
Scroggy. j. A. Byrne. K. B. Porter
Harry F. Davidson, D. e. whitman,
w. w. Chamberlain, Stanley Stephen
son, H. r. Smythe and w. E. Skin
ner.
The court overruled the motion of
the defense that no testimony be al
lowed because the charge against the
defendant had not been specifically
set out.
Isak Strom was the first witness. he
being the complainant in the case. He
testified that Mcdonald struck him
with his fist, then knocked him down,
and afterwards struck him with a
closed knife, infiicting a wound in his
face. Half dozen other sailors of
the Emily Reed testified to substan-
TALLY the same facts.
Mcdonald was the only witness for
the defense. He testified that Strom
had refused to obey. or misunderstood
an order for him to take in a rope
which was trailing over the side of
the Emily Reed. The command had
been repeated. and the complainant
still not executing the order, witness
pulled him aside and hauled in the
rope himself. He said that Strom mad
fallen against the side of the vessel,
and his face striking the hard wood,
were inflicted. He denied striking the
sailor or using q knife.
The jury was instructed and imma-
diately retired. Marshal Hendry had
hard time finding place for their
deliberations, as the regular jury room
was being used by the Territorial jury.
He first took them to the court ste
nographer's Office. Within half an
hour verdict had been agreed upon
and was brought into court. The YER
dict was guilty as charged in the in
dictment," and defendants counsel
gave notice of intention to
appeal. Judge Estee fixed Saturday
as the time for passing SEN
tence, and an appeal must be noted
then.
The jury in this case was excused
until Tuesday morning. The remaining
jurors are required to appear today
at 10 o'clock. There will probably be
no other jury trial until the Pearl
Harbor naval station condemnation |
suits are called.
JUDGE ESTEEN SUSTAINED.
The decision of Judge Estee of this |
city in the case of the Wilder Steam |
ship Company vs.. ]. S. Low ct al. was
sustained by the Circuit Court of Ap- |
peals at San Francisco on November !
ith. The Chronicle reports the ruling |
On the appeal as follows:
"A decision was handed down yes |
terday in the United States Circuit |
Court of Appeals in the case Of the |
Wilder Steamship Company VS.. J. s. |
Low and John Plitz, appealed from the /
District Court of Hawaii. The decision
If the lower court was affirmed One |
point decided by the court, however, |
vas new. The point was raised by the
lppellees that the act which made
PROVISION for the judicial system Of the
district of Hawaii does not authorize
he appeal of admiralty cases to the
'ircuit Court of Appeals.
The court held that such con-
truction was a CONSTRUCTED ono and
'ould defeat the appellate jurisdiction
f the court in nearly all cases arising
n the district of Hawaii. The court |
ED that it had Jurisdiction and then
rent on and, after an investigation Of