The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-11-24
YOWEl.L IS
ACQUITT TED
Held Not Guilty of
Firing Fatal
Shot.
BOYD AND WRIGHT
WILL PLEAD TODAY
Judge De Bolt Will Override De
murrer- Five Years for
Cheong Kwai.

The jury in Judge Robinson's court
on Saturday returned verdict of mot
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 weapon While
Yowell 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 Yowell, as did Kanewanui prior
to his death, and the police magistrate
also refused to hold him. The jury was
out about forty minutes, returning a
verdict of mot guilty" about o'clock
ON Saturday.
BOYD WILL PLEAD TODAY.
Both Boyd and B. H. 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
Tnhr NJ
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
H. 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 A 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 it was be-
cause they had not been legally served
with the writ of mandamus, as is re-
quired by statute. Judge Gear prom
ised to render his decision today.
FIVE YEARS FOR CHEONG KWAI.
Cheong Kwaf, charged with shooting
another Chinese, whom he found with
a woman he claimed was his wife, was
found guilty on Saturday, and sentenc-
ed to five years in prison by Judge De
Bolt.
COURT NOTES.
w. R. Castle, Jr., and E. H. Paris
have filed an answer to the suit OF
Bishop & Co. VS.. H w. Schmidt, in
which they are also made defendants,
alleging fraud and lack of considera-
ton They allege that they signed the
s12.500 note only as trustee for
Schmidt, and deny individual liability.
The appeal has been withdrawn in
the case of H. G.. Middleditch VS.. j. H.
Harbottle.
Judge Robinson on Saturday issued
a bench warrant for the arrest Of Rob
ert Lydecker, a juror who failed to
show up all day. Up to last night the
police had not found the defaulting
juror.
The hearing of the Lanai matter was
postponed Saturday by Judge Robin
son.