The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-02-06
.MACFARLANE
WAS ASLEEP
Why He Did not Appear
in Court.
HAD BEEN Ill ALL NIGHT
Circuit Judge Excuses Him From
Jury Duty--The News of
the Courts.

| The Grand Jury commenced its work
yesterday morning in the stenographers
Office of the judiciary building, with E.
Faxon Bishop as foreman. The jury
went over the criminal cases with Dep
uty Attorney General Cathcart, prior TO
making a report upon them for inser-
| ton in the February term calendar
These will all be disposed of before the
jury considers any outside matters which
have been presented for investigation
ALABAMA Mitchell has been appointed
bailiff of the court. He is assisted by
officers from the High Sheriff's office.
Clarence w. Macfarlane, who was on
the Grand Jury panel and who failed to
respond to his name Monday morning at
the opening of the February term of the
Circuit Court, gave his reasons yester-
day morning, which were accepted, and
he was discharged from custody. A
physicians certificate was exhibited
which set forth the fact that Mr.. Mac
jfarlane had been racked with fever the
able to sleep. He rolled about in the
agony of his ailment until at length, ex-
ihausted, he fell into the arms of Nor
lpheus early in the morning and SUM
lbered on and on even while the court
was converting. He awoke about that
time, hurriedly dressed and rushed
downward, when he was met by an Off
Ger bearing the bench warrant for his
arrest. Not only was he discharged for
this offence, but he was excused for the
term.
The following trial jurors were excus-
ed for cause:
! Albert E. Harris, because he and j. G.
Spencer, both of the Pacific Hardware
Company, had been called away from
their business; ]. 0. Lutted, ailing from
rheumatism c. r. Collins had only a
small boy to attend to his business and
was allowed to return to it, w. j.
Forbes, excused for private reasons.
Thomas Mott, another clerk of the Pa
icific Hardware Company, for the same
treason as Harris gave; A. Barnes. until
Monday, on account of illness. Abram
&c. Piianaia and w. w. Chamberlain
were clerks for lawyers.
! The jury was excused until Monday
next at 10 a. m. The case of the Terri
tory of Hawaii VS.. DR.. w. S. Noblitt
fpraeticing without license, was placed
upon the calendar and a nolle prosequ
entered. The case of Mary A. Coffield
(,
for hearing on Friday. The divorce ac
stions of Bertha ST. Clair VS.. John st
lClair and j. Newa Kanaula VS.. Lucy
Kanaula will be heard today.
Plaintiff in the case of Antonio Ds
Costa VS.. w. c. Cummings having FLEE
IA certificate of Judgment in the Suprem
Court obtained by him on January II
1901, in the Second District Court of Ho
nolulu for s2995O, and also a certifie'
leopy of the writ of execution issuet
thereon, and the return thereto, show
ing that the Judgment remains who'll,
unsatisied, the clerk of the Suprem
jCourt has decreed that, the plaintiff re
cover of the defendant the full amour
prayed for, together with attorneys com
missions and cost. The total amount
for S325.N.
An appeal bond with c. w. Booth a
surety has been filed by plaintiff in tn
case of Keauloa ct al. VS.. Namokuen
Ewalike.
A Circuit Court order appointn
Frank K. Archer guardian Of Kealoha
okalani Q<), a minor, vice John Pae. re
signed, was filed in the Circuit CouI
yesterday.
The following cases on the Circus
court calendar have been disposed OF
TERRITORY Of Hawaii VS.. w. S. Noblit
tpracticing medicine without a license
nolle pressed; ]. M. yivas VS.. Isabel
lodldncouIt, dSSuiiipoit, oAoSousAaoSo, =
NJ Levy VS.. w. K. Azbill. assumpsi
continued for the term by consent; a
r. Titlow VS.. Albert Whyte ct al. cor
tinued for the term by consent; III.
Harrison VS.. A. NJ. Brown, replevil
continued for the term; Republic of HI
wall VS.. Oahu Railway & Land Con
pany, debt, continued for the tern
Samuel Andrews VS.. Wahinenui, contir
ued for the term by consent; all insu
ance fire cases discontinued.
Jury cases having been set over unit
next Monday, jury-waived, divorces an
demurrers will be heard in the Circu
Court during the present week.