The Hawaiian gazette., 1902-11-25
VOWEL IS
ACQU|TT TED
Held Not Guilty of
Firing Fatal
Shot.
rrom Mondays dailyj

The jury in Judge Robinsons court
on Saturday returned verdict of not
guilty" IN the case of Daniel Vowel,
charged with manslaughter in the
third degree.
Vowel Is the young native charged
with killing David Kanewanui, the
late editor of the Kuokoa. From the evil
dence, it appeared that the two men,
who had been playmates from boyhood
up. were playing with a weapon. While
Vowel was handling it, the gun was
accidentally discharged, the bullet
striking Kanewanui, his death result
ing from the wound a few days after
wards The coronr's jury eXOner-
ated Vowel, as did Kanewanui prior
to his death, and the police magistrate
also refused to hold him. The jury was
out about forty minutes, returning
verdict of mot guilty" about ] O'Clock
on Saturday.
BOYD WILL PLEAD TO-DAY.
Both Boyd and b. II. Wright will
enter their pleas to the indictments
this morning in Judge De Bolts court.
Judge De Bolt will probably override
the technical pleas to the indictment
made by Boyd Immediately upon court
opening, he having already passed up
on similar questions. Boyd demurs
also to the grand jury panel, making
the same objections which were over
ruled by the court in other cases. In
his plea Boyd says:
And now comes the said James II.
Boyd, defendant herein, in his proper
person, appearing specially only for the
purpose of dismissing said cause, and
AYERS and shows that this court ought
not TO have or take cognizance of the
above entitled cause nor of the matters
set forth and alleged in the indictment
herein. nor to hear or determine any
issue that might be joined thereon for
the following reasons:
THAT the said court as convened at
said November term by the Honorable
John T. De Bolt, First Judge of said
Court, has heretofore during said term
been and is now being presided over,
and trials of causes by jury conducted
before only one judge of said court, to-
wit, by the said Honorable John T. De
Bolt. First Judge as aforesaid, not
'withstanding that the law provides
that said court shall consist of three
judges:
THAT on or about the time that said
term of said court was convened by
the said Honorable John 7. De Bolt,
First Judge as aforesaid. at this pres
ent term of court. another judge Of
said court, to-wit, the Honorable w. j.
Robinson Third Judge thereof, con-
vened said term in another public court
room of the said building in which
said term was convened by said Honor
able John T. De Bolt as aforesaid and
in which these proceedings are now be-
ing had: that the said Honorable Third
Judge of said court, upon converting
said term as aforesaid, summoned
jurors for the trial of causes upon the
regular calendar of causes for trial at
said term; and that the said Honora-
BILE Third Judge of said court and the
said jurors so summoned by him as
aforesaid have been and are now en-
ged in holding said term of said court
in said court room. and in the hearing
and determining therein of the causes
upon said calendar.
"And these matters the said James
II. Boyd is ready to verify.
whereof he prays judgment
whether this court can or will take
further cognizance Of said cause"
THE AUSTIN CONTEMPT CASE.
High Sheriff 4. NJ. Brown and Dep
uty Auditor H. c. Meyers were before
Judge Gear Saturday morning to an
swer the charge OF contempt of court
preferred by Auditor Austin. The re-
spondents admitted refusing to obey
the courts order, but alleges IL was be-
cause they had not been legally served
with the writ of mandlmus, as is re-
quirod by statute. Judge Gear prom
Used TO render his decision today
FIVE YEARS FOR CHEONG KWAI.
ChCong Kwai, charged with shooting
another Chinese whom he found with
a woman he claimed was his wife, was
found guilty on Saturday, and sentenc-
ed 10 five years In prison by Judge De
Bolt
COURT NOTES.
w. r Castle, Jru and Il. II. Paris
have filed am answer TO the suit Of
Bishop ~ Co vs.. H. w. Schmidt, In
which they are also made defendants,
alleging fraud and lack Of considera-
tion. They lllopp that they signed the
Sl2,"un note only as trustee for
schmidt and deny individual liability
The appeal has been Withdrawn I'm
lhr .|H" OF II O. Middloditch vs., j, II.
HurhuuIr
Juaaa Robinson ON Saturday issued
"a bench warrant for me arrest ~ Rob
.'ri l}Ir.lHr q juror who failed to
show mp HII day Up to last night tho
polio" hHd nu, found tho demulung
Thn bearing NJ mo Lanai matter vas
postponed saturday hy Judge Robin