The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-09-06

/, lowed by T. C. Blackwell. a colored
boy, who testified that he heard de-
PENDANT say he would ''fix' Watson.
! Deputy Sheriff Chillingworth and DR..
Mcdonald We're on the stand in the aft
ernoon, and the prosecution closed its
case about o'clock
Immediately Mr.. Reynolds moved for
a discharge of the defendant on the
ground that there had been no evidence
to connect him with the killing of John
! Watson; there was no evidence that
the deceased was John Watson, or that
he had met death through wounds in
/ f1icted by knife or any other instru-
ment in the hands of the defendant. 1t
was further urged that the trial of the
defendant was in violation of the
!. fourteenth amendment.
| Judge Gear denied the motion with
out hearing argument.
Mr.. Peters made the opening state
ment for the defense, outlining the evil
T, dence to be given later. It was admit
! ted that the defendant did cut and stab
/ Watson, but it was claimed that he did
mot commit the crime of murder in the
/ first degree. 1t was further shown that
John Watson was quarrelsome per-
j son, always looking for trouble and
! that he had for the two months proceed
| ing the stabbing continually prosecuted
! the defendant. On one occasion 1t was
shown that he had fiourished a knife
at the defendant and had often threat
| ened him, and upon the occasion of the
stabbing he had placed his hand upon
his hip pocket. 1t was urged also that
Watson was known as the terror of
kakaako, and was in the habit of car
rying weapons, and had compelled the
defendant to use knife in his own de-
Tense
The jury was excused for dinner after
the opening statements had been made
THE SUMNER CASE.
| An injunction was issued by Judge
Gear yesterday restraining John K
Sumner and Bishop Gulstan from ex-
lecuting a deed of certain property to
the Oahu Railway Company for land
upon which the latter company has an
option for 100000.
An equity suit to set aside the option
was also instituted. Maria S. Davis, in
a second suit, petitions that she or
some other person be appointed guard
ian of John K. Sumner, who she de-
clares is an insane person, and who
she alleges to have been of unsound
mind for several years last past
The equity suit is to set aside the OPP
tons given to the Oahu Railway and
Land Company by Sumner, and alleges:
THAT the said John K. Sumner and
the SdlQ RlSnC reverend GUSTAV Il.
Ropert are now negotiating and are
about to sell and convey the bulk of
the real property of the said John K.
Sumner to Oahu Railway & Land Com
pany for the sum of one hundred thou
sand dollars and will do so unless re-
strained by the order of this court and
your Honor.
'Your petitioner therefore prays that
she may be appointed the next friend
of the said John K. Sumner for the
purpose of instituting a suit in equity.
against Gulstan F. Ropert and Oahu
Railway and Land Company, to set
aside said deed of trust and said lease
and for the purpose of protecting the
rights of the said John K. Sumner and
his heirs
EXTEND EXECUTION.
A motion was made yesterday in the
Kamalo case for the renewal OF the
writ of execution and the extension of
the time for making return. Accom-
panying the motion is an affidavit by
High Sheriff Brown in which he says
he has advertised for sale property be-
longing to F. II. Foster for September
9th which is subsequent to the date al
lowed for the return of the execution.
1t is also set out that the property adj
vertised to be sold will not cover the
amount of the judgment, and that the
defendants have other property which
can be found and attached II the ex-
.C1,fior iS renewed