The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-04-24
D|STILLERY
IN COURT
Prosecution for
MOOnshine
Work.
SMITH CONTEMPT
CASE SUBMITTED
J. D. Holt Receiver for Austin
Publishing Co.-Supreme
Court Decisions.

The first trial for alleged violation o.
the Internal Revenue laws OF the Unit
ed States in this Territory was De-
| gun before Judge Estee yesterday. Tine
trial foreshadows IL is said active pros
| ecutions on the part OF the Federal au-
| thorities OF all Illicit distillers in the
| Territory, once evidence Is obtained
| sufficient TO warrant trial
The Casthanas. father and son, were
| the defendants in the case, and the EVIL
| dsnces OF their alleged distillery were
| pretty plainly apparent In the cour'
| room. A five gallon demi5ohn or oko-
lehao was produced in court and Mar
shall Hendry testified that ne had Sc
| cured 1t when 1t was fun
What's become OF the remainder!
asked the Court, for the demiJohn was
not quite full to the brim- There was
no response from the witness. though
there was a fusilade of knowing grins
directed at the marshal. The copper
still, though much the worse for wear,
was also introduced in evidence, ana
witnesses explained its operation. The
hearing will be continued at this morn
ing's session of court. The following
jurors are hearing the ease:
Felix Brughelli, r. F. Hartman, w.
A. Hardy. III. Kruger. Chas. ]. Fishel.
Thos. j. .Mossman, 81. Emmelilth, Il.
Hammer. Geo. II. Allen, Geo. Camp
bell, G. NJ. White, Isaac Noar
BANKRUPTCY CASE
In fhe bankruptcy case of the Austin
Publishing Company, Manager Lang
don testified that the plant is worth
about $4,000. He said also that the Par
adise OF the Pacific is still being pub
lished from the office, and that there
is IN the neighborhood OF $500 due for
wages. Mr.. Russell asked for the ap-
pointment OF a receiver to keep the
plant running until final disposition
has been made. and he suggested Mar
shall Hendry for the position. The mar
shall demurred, saying that he had all
the office work he could take care OF
at present. Mr.. Langdon suggested 8.
l. Shaw, to which Mr.. Andrews made
refused to accept, and finally John D.
Holt was appointed upon giving bond
Of $4,000.
MANASSE NOT GUILTY.
The jury in the case OF Manasse.
charged with assaulting a mail carrier.
returned a sealed verdict at o'clock
yesterday morning. after having DELHI
night. The verdict, which was mot
guilty" was read at the opening Of
court at 10 O'Clock.
FEDERAL COURT NOTES.
Philip ]. Farley was admitted to
practice in the United States Court yes
terday.
The fine in the case of Juror George
Campbell was RENTED by Judge ES-
tee. the postmaster having reported
that the subpoena had not been deliv-
cred
Philip Friedman was adjudged a
bankrupt. He stated that his debts
amounted to $50 and his assets were
ct
not very much interested in this case"
the court.
SUPREME COURT.
The arguments in the Smith con-
tempt case were concluded at noon
yesterday and the matter was submit
ted 90 the Supreme Court, the attor-
neys being given FIVE days in which TO
nle briefs. George Davis occupied
nearly the entire morning in his argu-
ment, dwelling chiefly upon the point
that courts cannot have their inherent
rights TO punish for contempt limited
by the legislature. He did not believe
tina. the newspapers should be allowed
20 lampoon Judge Gear and fiourished
the McSwilligen cartoon wildly about,
during his argument. 1T seems to me
that $3.50 a month Is a small amount
for a Judge TO be compelled to stand
all The abuse he has been getting ,
Why. any lawyer can make that !
Mr.. Lewis replied briefly, claiming |
that the court did not have Jurisdiction |
To render the judgment in the manner !
L did. The Supreme Court gave the |
attorneys five days I'm which TO file |
briefs.
JUDGE LITTLE REVERSED.
The Supreme Court handed down 1
opinions in two cases yesterday revers- ,
ng Judge Little OF the Fourth Circuit.
rh- court makes an important ruling. /
n holding that delinquent taxes can \
lot be taken out OF the proceeds or a
sale. when the tax collector
8 not q party To the suit. The decision
= I'm the case OF T. II. Davies Il CO. VS..
:. h Wakefield, and il written by JUS
ice Galbraith. The syllabus says:
The court makes the same ruling in
he case OF c. G. Kennedy VS.. +. NJ.
Wakefield. also an appeal from Hilo.
n which exactly the same principles
we're involved. The ruling is based up
N that in the above case.
Yesterday afternoon the Supreme
'ourt heard arguments in the case of
honolulu Investment Company VS.. II.
Rowland and others.
DISTRICT COURT APPEALS.
Appeals from the District Court have
zen noted in the following cases:
Territory vs.. Manuel Colral: three
months sentence by Judge Wilcox.
Territory VS.. Ben Haabeo and Mrs.
;. Z. Houghtailing. adultery; fined $50
nd 500 respectively.
Territory VS.. Kia, cruelty to animals.
twenty days sentence and fined 500.
., erritory VS.. ]. T. Figurado. Man
lei Carvalho and J. ]. Souza. assault;
ir ID $25 each.
Territory vs.. Kvong Chin. assault
ID battery: fined s25.
Territory We. Sam Alapai. gambling;
ned S25 and costs
Judgment va. confessed yesterday in
he case Of J. Alfred Nagoon VS.. w. c.
,chi.
\ demurrer has been filed in the di-
"rce case OF Carolina c.. Silva VS. NJ
> silva II IS alleged that the libel ,