The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1902-02-25
GETS HIS
FREEDOM
Gear Releases Boy
Charged With
Larceny.
Trom Saturdays daily

tfFom SdlufuaAs OallAl
KamakaWiwoole. a native boy charg-
ed with the larceny Of an assorted lot
of mems anu womens hose. and sundry
other articles uf wear from NJ. Mcln-
erny e Sons store, was acquitted by
Judge Gear yesterday. The defendant
is the same boy who was at work on
the kinau at the time the money order
pouch was rined. and he was held I'M
der suspicion for several days. While
he was In custody under investigation
for supposed completely in the Postof-
flee robbery the goods alleged to have
been stolen from McInerny were dis
covered and he was released on the
more serious charge and held for trial
for larceny in the second degree The
evidence before the court and jury yes
terday brought out the fact that the
defendant had been arrested three
times for alleged completely i'm the XII
nau robbery and when David KAPPA
made the final arrest he discovered the
hose, neckwear, etc, at kamakawi-
woole's house, and brought the trunk
containing the stuff to the station. Ac-
cording to the detectives testimony the
boy stated that he had bought the
goods from Ehlers, but afterwards saio
il had come from McInernys Two of
the McInerny brothers were on the
stand and positively identified the
goods as belonging to the firm, though
they were unable to say how they had
come into defendants possession. He
was former employe and the wit
nesses were only able to testify that the
hose had not been sold or given to
him.
At the conclusion of the prosecution
Attorney Robertson moved for YER
dict of acquittal on the ground that 1t
had not been shown that the goods
were stolen or that they had been con-
nected with the defendant, and for all
the evidence showed he may have pur-
chased them or received them from one
of McInerny's clerks. After long ar
gument in which Deputy Attorney
General Douthtt vigorously comDated
the motion the court sustained it, and
directed the jury to return a verdict of
not guilty on the ground that it had
not been shown that the goods were
stolen, and the government had failed
to establish the fact OF the larceny.
Then followed a brief contest for the
possession of the property, a large
number of pairs OF fine ladies' and
mems hose having been introduced in
evidence, and the court officials and
attendants were watching them with
envious eyes. The court suggested that
the property should be left in possess
sion of the clerk, having been introduce
ed in evidence. Mr.. Douthitt contend
ed that the goods belonged to McIner-
ny and should not be delivered to the
defendant, while Mr.. Robertson stated
that the jury had acquitted the boy ana
he was entitled to his property. Dur
ing the argument Attorney Brooks
managed to get hold of the prettiest
pair of mems hose in the lot, and when
the defendant objected he finally won
him over, by insisting that the native
was entitled to the property. The mat
ter was finally settled by Judge Gear
requiring the defendant to receipt for
the trunk containing the goods, and
the latter with a friend carried the
property off between them. The court
held that if McIne,ny wanted the prop
erty civil action for their recovery
would be necessary.
GRAND JURY REPORT.
The grand jury made a partial re-
port again yesterday afternoon, return
ing nine indictments and ignoring one
case. Next week the jurymen will start
on their investigation of saloons, etc,
as ordered by Judge Gear The men
indicted yesterday are ordered to APP
rear for arraignment Monday morn
ing. Bench warrants We're issued for
the arrest of the parties indicted not
already under arrest.
BEFORE ROBINSON.
With two juries working in the other
Robinson
the panel exhausted after he had secured
but II men for the trial of the case OF
Thos Morrisey VS.. JOS. Rosa. The case
finally Went over until afternoon, while
the court issued special venire for
eight talesmen. When these jurors ap-
peared in the afternoon the attorneys
for defendant had withdrawn, and a de-
fault was entered. 1t was then decided
to try the case to the court. and the
jury was excused. The suit was for the
recovery of horse alleged to have been
unlawfully taken by defendant and for
the recovery of damages for this UNI
lawful retention. The court gave judg-
ment for plaintiff, for the horse and for
$40 damages. If the animal cannot be
recovered the defendant is required to
pay SIS additional.
Judge Robinson will hear the case of
Henry Smith VS.. Hamakua Mill Com
pany on Monday. This is the fourth
trial of that case, it having been passed
upon three times by the Supreme Court
CASE BEFORE HUMPHREYS
Judge Humphreys did not take up the
trial of the case of Wong But Sam VS..
Chock Sing, which was started on Thurs
day, until afternoon yesterday, dispos-
ing of probate matters in the morning.
This was an acton for damages for
$l4O0. growing out of the ejectment of
plaintiff for non-payment of rent The
jury awarded the plaintiff damages in
the amount of $40
COURT NOTES
An order was made by Judge Robinson |
yesterday allowing w. o. Smith, guard
ian of Annie Hall, to sell certain prop |
erty situated at Aala in Honolulu
Lau Ng has been appointed admins |
traitor of the estate of Lam Sin We