The Hawaiian gazette., 1902-08-22

IN'fr HnIlfINH HitI fHf HNI. NHf Nf fNi
aaiaft appropriation anl ln ihu ah.
fsnts I'D o. spe u. fHni faf Dol, purpose.
iho mansf should Boz iahen from ans
other fund in thr Treasury
TnE covRT PROCEEDINGS
when court upcned yesterday MORN
/ ins the JURORS IN che case 70 W. Ksiei.
/ hua chnreed With assault had taken
their seats judge Gear asked the AZ.
tofneys " there was any reason why
the jury should not be- discharged ana
/ both consented. The defendant OBJ
jectcd,' however. ana the court announ-
ced that II could not compel the jury
90 at unless the fees were paid. and
that the defendant having been once In
jeopardy would be discharged. Il don't
know where the funds are coming
from said Judge Gear According
to the Chief Justice Il will take $4,000
TO $1,000 for the next six months. and
we haven't got that many cents. much
less dollars. The last legislature APP
propriated $4,000 which was Just
enough for thirteen months. The Chief
Justice made the estimate OF the
amount needed without consulting the
circuit Judges and both the clerk and
chief Justice now estimate that there
should have been 500 900. The long and
short OF II Is, that the appropriation
has been exhausted and there is no
way to pay Jurors or incidental ex-
penses. so the courts will have to quit
This court can't run on credit. and we
can't keep the Jurors away from
their work without paying them. The
jury impanelled in this case may re-
I'm IN M h..
the governor can compel you to serve.
II you desire you can serve but this
man has been once placed in jeopardy
and II not tried now must be discharg-
ed"
Col. Parker asked for few minutes
to allow the Jurors to consult, and they
returned very soon saying they would
serve. A verdict of not guilty was re-
turned in the case.
GRAND JURY WILLING TO SERVE.
The grand jury appeared in court
later and expressed a willingness to
finish its labors, even though there was
no compensation. Judge Gear took
great pains to explain that the jurors
would have to wait for their pay until
after March and need not serve. To
this Foreman Kluegel replied I'VE have
talked the matter over and the jurors
are perfectly willing to complete their
duties. 1t is our wish that we be al
lowed to serve for the remainder Of the
week, as we are so near done now"
The grand jury was excuse until to-
day, however, because of the illness of
Mr. Douthitt.
OTHER CRIMINAL MATTERS.
In the case of Pedro Rodriguez the
Cuban who was convicted a few days
ago his attorney filed a motion in arrest
of judgment. This Judge Gear grant
ed, going further and setting aside the
verdict of the jury and granting a new
trial on the ground that his instructions
were enormous. BY this action the
prisoner could be given his liberty on
habeas corpus, having been once placed
in jeopardy.
All Sang, a Chinese boy, was SEN
fenced to prison for three months for
larceny and laughed when the Court
imposed sentence. He is only about 16
years of age, and seemed to like the
sentence Of the court.
WANTS HIS CHILD.
The father of Edward Taylor Miller,
a minor, was yesterday granted a writ
of habeas corpus upon his allegation
that the boy was being wrongfully re-
strained of his liberty by George Opu-
nui. A return was made in the after
noon by Opunui in which he admits
having the custody of the boy and that
the petitioner and his wife are the legal
custodians of him. He answers further
that he and his wife have furnished
clothing and food for the child for four
years, and that neither the petitioner
~ h &c xxrtf La.
boys support. Further, it is alleged
that the petitioner deserted his wife,
kamaka Daniels Miller, in June 1898,
and went to California, and the wife
then placed the child in the care Of the
respondent. 1t is also set out that Mil
Ter is an unfit person to have the Gus
tody of the child, because of his i'm
moral habits and because he has no
permanent home.
INSURANCE COMPANY SUED.
The Honolulu Stock Yards, Limited,
yesterday filed suit against the Union
Assurance Society for the sum Of $4,000, |
building of the Stock Yards Company,
corner Of King and South streets, which |
was destroyed by fire on August 20, |
1901, and in which the plaintiff claims
to have incurred a loss of $12, 900.
In the declaration it is set forth that |
IN July and August, 1901, the plaintiff !
was engaged in the construction of a |
two-story frame building at the corner |
mentioned and had expended upon it |
the sum of $12, 500 when 1t was destroy
ed. On July 20, 1901, in consideration !
Of the payment by the plaintiff to de- /
PENDANT Of the premium of $3.50, the de-
PENDANT by its agents, Henry Water
house & Co., executed and delivered to ,
its contract or policy Of insur-
ance in writing, number 1,347,S24,
1t insured the plaintiff for the
term Of one year against loss or dam
age by fire while in the course of con-
struction for $4,000. On August co. while
It is alleged the policy was in full force
and unforfeited and unsurrendered and
before the building was wholly finished
and completed, the same was almost
entirely destroyed by nre. The plain
Tiff alleges that 1t furnished proof of
the loss, but that defendant refused to I
10