The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-12-04
GRELGE ACQUITTED
OF LARCENY Charge
The Jury Was Only
Out About Five
Minutes.
WILLIAM DAVIS WANTS NEW TRIAL
MRS. KAmAkI NOW BRINGS CIVIL
SUIT INTHE CIRCUIT
COURT.
William Hall Wfthdraws Notice OF
Appeal in spendthrift case-NUr-
Der of Criminal Cases Postponed
TO February Term.

Albert Grelck was arraigned in
Judge Gears court Yesterday morn
ing charged with having stolen three
kegs Of Primo beer from the Honolulu
Brewing Company. This case Occu-
pied the entire day. and was replete
with interest throughout The prose
cution had the three kegs in hand as
evidence. and though empty, many
were the longing glalces cast at them.
Il was claimed that Grelck had been
in the employ of the Brewery and
while acting as such employee stole
the three kegs in question and sold
them to another party. The prosecu-
ton produced a number of witnesses
with whom it endeavored TO make a
clear case against the defendant, but
attorney F. NJ Brooks, counsel for
the accused. in his cross-examination,
brought very clearly TO the attention
of the jury that no evidence was pro
duced wherein Grelck was ever seen
in possession of the goods.
After a number of warm exchanges
between attorney Brooks and Cath
cart. Judge Gear delivered very i'm
partial instructions 10 the jury, COM
posed of H c. Bickerton. George W.
Macy, James X. Merseberg, Harry S.
Swinton, John L. Hansmann. James
NJ. Sims, David Motley. Guy Living
ston. Edward X. Bake. George K. Ka-
ia, George w Harrison and Alex. K.
Aona. After retiring for five min
utes the jury returned verdict of not
guilty.
Moves for New Trial.
Attorney T. McCants Stewart APP
peared in Judge Gears court yester-
day morning to argue the grounds for
a new trial for his client, William Da-
Wis. who was convicted last week of
the malicious shooting of a China
man. Upon the trial several witnesses
testified that Davis did not fire the
shot at all, but that his (Davis) faith
er, in firing at vicious dog, nninten-
tionally struck the plaintiff.
Attorney Stewart in his motion for
a new trial sets forth the grounds
that the jury was not authorized by
law TO try the defendant" and that
said verdict of guilty was against
the weight Of evidence"
Judge Gear set Saturday, December
7th, at $3.50 to hear the motion.
Court Notes.
In the case of the Territory of Ha-
wall VS.. F. II. Loucks, charged with
reckless and furious driving. a nolle
prosequi was entered in Judge Gears
court.
A nolle prosequi was entered yes
terday in Judge Gears court in the
case of Joseph Hartman, wholesale
liquor dealer who was charged with
selling at retail.
The administration of the estate of
Esther E. Kinds. Mary ]. Kopke filed
an inventory yesterday showing val
uation of $3.50. all being Eva and
Oahu plantation stock at par.
Judge Humphreys yesterday sus-
tanned the demurrer and dismissed
the bill for injunction in the suit of
F. Wundenberg. trustee for the Cum
ings' heirs VS.. George Markham.
In the case of the Myerstein Com
pany VS. |. Sea Etharo. it is stipulat-
ed that the testimony of officers of
the plaintiff may be taken before J.
l.. Jacobs, a notary public in San
Francisco.
Mrs. Antonio Dante. who is charged
by the Territory of Hawaii with keep
ing disorderly house. had her case
postponed yesterday morning until
the February term. Attorney De Bolt
represented the defendant.
A. Lazarus was fortunate enough to
have a nolle prosequi entered against
his case in court yesterday. He had
been indicted for cbstructing the cleo !
trio railway by placing a stone upon
the track.
Attorney Carl Smith of the firm OF
Smith & Parsons, Hilo. has been in /
the city during the past few days at
tending the sessions of the Supreme
Court Mr.. Smith has a large number 4
Of cases in hand.
The case OF the Territory OF Ha-
wall VS.. M3nilo Dante charged in two
counts in Judge Gears court with
selling liquor without a license was
carried over until the February term
De Bolt represented the de-
PENDANT.
Deputy Attorney General Cathcart
moved in court yesterday that the
sentence of Luna Nui Kahoomia be
until next August term.
He had been convicted of larceny in
the second degree. having stolen a
bicycle from II. c. Brown.
Argument was heard at the noon
recess IN Judge Gears court yester.
day in the K2piolani Estate. Ltd, VS.
charles S Desky. Attorneys Kinney.
Ballou & Mechanism have appeared
- ~ ST. I
man for defendant Judgment was re
served
Kamaki Cw.l filed complaint be-
fore Judge Humphreys. sitting in
chambers yesterday. that on the 22d
1ay of November al Kapaakea district
of Honolulu William Sayfdge. Harry
Iuen and J. II. Sehnack did malicious
" and forcibly infict . corporal In