The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-06-06
The DAY
IN COURT
Grand Jury Ap-
pears Twice Be-
fore Court.
A CORRECTED
REPORT FILED
Judge Humphreys Instructs That
the Deputy Attorney General
Was Wrong on Law.

day. Judge Gear, who. returned from
the coast via the Mariposa, sat with
Judge Humphreys on the bench in the
afternoon. while the report of the grand
jury was being made, his return and
the two appearances of the grand jury
being the only incidents !, of interest
during the day, except perhaps, that
S. M. Ballou. who was sentenced to
thirty days imprisonment for contempt
of court by Judge Humphreys. present
ed a certified copy of the pardon grant
ed him by Acting Governor Cooper.
Judge Humphreys instructed that the
same be filed by the clerk.
GRAND JURY.
The Grand Jury appeared in Judge
Humphreys court yesterday morning
for the purpose of asking permission
to withdraw the partial report made
the day before. for correction.
Foreman Carter explained that in
advertantly the affidavit of A. w.
Pearson in the matter of o. c. Lewis.
had been left out, and it was desired
to make the addition TO tne report.
The court concurred with the Grand
Jury, in the view that this was neces-
sary, and added that the report was
also defective mother respects A moro
definite report was desired, the court
said, upon the matter of the statement
that Mossman and Prendergast had
supplied the money for lunches for leg
islators and out of town friends at Mol
te's and an Alakea street restaurant out
of the funds belonging to the Home
Rule party. The court directed that if
possible. the Grand Jury ascertain from
what source the Home Rule party OBJ
tanned the money.
With this the court returned Tues
days report to Foreman Carter and
the Grand Jury filed out of the room
AFTERNOON REPORT
In the afternoon about o'clock the
Grand Jury again came into court,
this time bringing q report, which
Foreman Carter handed to the judge,
saying that it was the report returned
to him the day before, corrected and
with some additional affidavits He
began to enumerate the additional af-
fidavits, but was stopped by the court,
who said it was not necessary, and ord
cred the report placed on the closed
file.
The court then addressed Foreman
Carter:
Il understand" said the court, that
the Deputy Attorney-Genera has in
structed the Grand Jury that it has no
power to indict persons for selling liq-
uor without license. Is 1t so, Mr.. Car
ter?''
Mr. Carter said that such was the
fact.
80 understood" said the court, Il
was not formally advised to that eff
feet, but received the information in
formally. / desire to instruct you that
you do have the power to fndict per-
sons for selling liquor without license,
or for any other violation of the law,
from the highest TO the lowest, and it
is not only a power Of the Grand Jury,
but the duty of the Grand Jury, to in
vestigate such infringements and to in
dict If TIE evidence so warrants
]. F. Col5urn. member of the Grand
Jury, addressed the court, and desired
to know whether the Grand Jury
should. upon a majority vote so to do,
visit, for the purpose of investigation.
such public Institutions as the Oahu
Prison, the Insane Asylum, etc.
The court instructed in the affirma
tive, saying that such Investigations
were the duty of the Grand Jury.
Foreman Carter said that with the
permission of the court, the Grand
30 +oly = h,
bills for Indictment, which would be
leaving the bribery matter as it stood
for the present.
Judge Humphreys directed that this
be done, and the jurymen filed out
COURT NOTES.
The case of ]. S. Antoine VS.. W. R. Cas-
tie, accounting has been set for Satur-
day morning.
In the ejectment suit Of Anterior VS..
Wahiawa Sugar Company, hearing of de-
murrer has been set for today.
Judge Gear win call the civil calendar
at $50 this morning for the purpose of
setting the cases for trial.
Hearing on the masters report in the
estate of B. P. Bishop and the Bishop
Museum trustees has been set for Mon
day next
stipulation waving jury has been filed
in the assumpsit case of Frank Lillis VS..
James Carly, the stipulation also con-
senting that said cause may be heard in
vacation or in term time. Charles H.
Peters is attorney for plaintiff and Kin
ney, Ba1lou & McClanahan for defendant.
PROBATE.
In the matter of the estate of V. v.
Ashford the First Judge Yesterday or
dered that letters of temporary admins
tration be issued to James Ashford. son
| of deceased, the petition of said James
| Ashford having been filed showing that
there is in the Postal Savings Bank bal
ances due the deceased aggregating
SHE'S; that said deceased died interstate
and that the Postal Savings Bank wishes
such deposits Withdrawn SO that it may
close its accounts. Petitioner prayed
that he be appointed to withdraw same
to the credit of the estate.
In the matter of the Hart estate the
power of attorney granted to ]. W