The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-02-22
GETS HIS
FREEDOM
Gear Releases Bow
Charged With
Larceny.

VI hieA anu women ) nose, and SundrI
other articles CT wear from II. McIa
erny & Sons store was acquitted b,
Judge Gear yesterday. The defendan
is the same boy who was at work OF
the Kinau at the time the money ordel
pouch was rifled, and he was held IN.
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 tria
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 in the XII
nau robbery and when David Kaapa
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 said
| it had come from McInerny'S 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 a former employee 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 a YER
dict of acquittal on the ground that it
had not been shown that the goods
vpra that tbay ba5 boan ron,
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 Douthitt vigorously comnated
the motion the court sustained it, and
directed the jury to return 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 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 |
We're watching them with
envious eyes. The court suggested that
the property should be left in possess
SloIl " CLERK, udNiIisS D6GD
I'd in evidence. Mr.. Douthitt contend
I'd that the goods belonged to McIner-
ny and should not be delivered to the
defendant, while Mr.. Robertson stated
hat the jury had acquitted the boy AMI
ne was entitled to his property. Dur
ng the argument Attorney Brooks
to get hold of the prettiest
pair of mems hose in the lot, and when
he defendant objected he finally won
linn over by insisting that the native
vas entitled to the property. The mat
er was finally settled by Judge Gear
equiring the. defendant to receipt for
he trunk containing the goods. and
he latter with friend carried the
property off between them. The court
eld that if McInerny wanted the prop
rty civil action for their recovery
roUld be necessary.
GRAND JURY REPORT.
The grand jury made a partial re- s
ort again yesterday afternoon, return
lg nine indictments and ignoring one
ase. Next week the jurymen will start
n their investigation of saloons, etc,
S ordered by Judge Gear. The men :
ldicted yesterday are ordered to APP
ear for arraignment Monday morn
,g. Bench warrants We're issued for
ne arrest of the parties indicted not
Iready under arrest. =
BEFORE ROBINSON.
With two juries working in the other
,urts yesterday Judge Robinson found
lie panel exhausted after he had secured
1T II men for the trial of the case of r
hos. Morrisey VS.. JOS Rosa The case
rally went over until afternoon, while
e court issued a special venire for
ght talesmen. When these jurors APP -
T defendant had withdrawn, and a de- o.
ult was entered. 1t was then decided | y
try the case to the court, and the V.
~ was excused. The suit was for the II,
covery of a horse alleged to have been 90
lawfully taken by defendant and for g
2 recovery of damages for this I'M
yful retention. The court gave judg- IL
mt for plaintiff, for the horse and for
0 damages. If the animal cannot be Ql
covered the defendant is required to
y SIS additional
udge Robinson will hear the case of I fir
nry Smith VS.. Hamakua Mill Com ! ct
ny on Monday. This is the fourth
al of that case, it having been passed
IN three times by the Supreme Court
CASE BEFORE HUMPHREYS.
Judge Humphreys did not take UP the -
II of the case OF Wong But Sam vs.
ock Sing. which was started on Thurs
:. until afternoon yesterday dispos-
of probate matters in the morning.
s was an action for damages for ,
O. growing out of the ejectment of -
.ntiff for non-payment of rent The "a.
Y awarded the plaintiff damages in l Il
amount OF $40.
COURT NOTES.
n order was made by Judge Robinson
terday allowing W. o. Smith, guard
OF Annie Hall, TO sell certain prop
situated at Aala in Honolulu
iu Ng has been appointed admins
or OF the estate of Lau Sin Wee.
Is TO file a bond of $500.
lie masters report on the estate of
luei Johanwitz was approved and the -
F. A. Schaefer. discharg-
lie accounts of the administrator of
John de Costa estate were approved. | -
lie accounts of NJ p. Robinson, exc
It or the estate of Kekspa Robinson
approved by Judge Humphreys yes
ay.
dge Humphreys yesterday granted
divorce in the case of Elizabeth | q