The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-10-15
o. Sc herein and reference 5 which IS

on aIe herein and refersnee 70 which IS
hereby made
9Th That q demurrer to said infOrna-
ton zas fled herein On July .. 1901
OF the grounds appearing il said de-
rzarrsr On fIe herein. reference TO which
= hereby made
9Th. That said demurrer was cFerrulesi
IS the court and shsreSPon the defend
ant appeared and entered & psea Of not
zuiity. and ever since has been and Is
now ready for trial on said plea.
9Th That On the calling Of this case
on the 14rh day Of October 1901. this
defendant by his attorney. Thomas Fitch.
appeared and answered himself as ready
for trial herein and Is now ready
Sth Ard defendant further moFes
herein that the information heretofore
fled herein be now dismissed and the
tEndsmeu on the bond herein referred to
Re ex0neFzted and discharged And in
support Of this motion defendant viii
rely upon the files and records IN this case
and upon the affidavit Of Thomas Fitch
annexed hereto.
Thomas Fitch. being duly sworn. de-
poses and saws that he Is an attorney Of
this court and is attorney for Geo. A
Baker the defendant herein that after
the ples Of not guilty entered herein.
July % 1901 this deDonent was in at
tendance on this court. accompanied by
said defendant and made repeated eff
forts 70 have his case set for trial rep
resenting TO the L. 8 District Attorney
that the ship Emily Reed. IF which the
said Geo. 4. Baker was master. was
about ready to sail; that IL detained il
would cost fifty dollars a day demurrage
and that IL she was compelled 70 sail
without the defendant the defendant
would lose his employment as master:
that J. J. Dunno. ESQ., Assistant c. $.
Attorney. promised said defendant aad
this depOnent that he would use his ut
most efforts 10 expedite matters TO secure
n hearing and bring said case 10 trial
without further delay.
Deponent further Saws that ]. c.
Baird. Esq. U. S. District Attorney.
returned from the mainland to Honolulu
about August LIST. 1901: that shortly
after his return deponent was informed
that Mr.. Dunno would resign as Assis-
tant District ATTORNEY. and deponent
then applied 10 Mr. Baird in the court
room of this court on or about the Sd day
of August. 1901 informed the deponent
that it was his intent to dismiss the
information filed bv Mr.. Dunno in this
case. for that the facts so stated did not
constitute an offense under section 1911.
and that he would epdeavor 10 procure
I'm Indictment of defendant for an assault
under section 5347 Of the Revised Sta
tutes.
That this deponent. trusting in the
statement of the. T. S. District Attorney
that said information would he dismissed
and relving on his good faith. thereupon
advised Baker that il would be safe for
him TO proceed to San Francisco with
his shin. holding himself in readiness
to return for trial in case an indict-
pent should be found by the United
States Grand Jury, to meet October IA.
1O01.
Deponent further saws that according
10 his understanding of the law and the
facts it was the privilege If not the duty
Of the u. s. District Attorney. after
having determined to dismiss the infor-
nation in this case. to have caused the
OF defendant while he was in
Honolulu aud his REORGANIZATION before
the commissioner.
Pearl Harbor Cases.
The Bishop Estate. by its attorney
". L. Stanley, asked Judge Estee
Yesterday IL he was going to give
decision in the jury trial question OF
he Pearl Harbor naval station land
suits. He was answer
I'd that a decision might be expected
today or tomorrow.
Book binding from us is always sat