The Hawaiian gazette., 1902-09-09

yesterday morning early, Fred Meyers
the man at whose home the stabbing
occurred being the first witness. His
wife was next called, and she was fol-
lowed by Il. c. Blackwell, a colored
boy, who testified that he heard de-
PENDANT say he would fix" Watson.
Deputy Sheriff Chillingworth and Dr.
Mcdonald were on the stand in the aft
ernoon and the prosecution closed it's
case about 4 o'clock
Immediately Mr.. Reynolds moved for
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
fiicted 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
dence to be given later. 1t was admit
ted that the defendant did cut and stab
Watson, but 1t was claimed that he did
not commit the crime of murder in the
first degree. 1t was further shown that
John watson was quarrelsome per-
son. always looking for trouble, and
that he had for the two months preced-
ing the stabbing continually prosecuted
the defendant On one occasion it was
shown that he had flourished 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 X.
Sumner and Bishop Gulstan from ex-
ecutlng 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
second suit, petitions that she or
some other person be appointed guard
ian of John X. 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 op-
tons given to the Oahu Railway and
Land Company by Sumner, and alleges:
THAT the said John X. Sumner and
the said Right Reverend Gulstan f.
Ropert are now negotiating and are
about to sell and convey the bulk OF
the real property Of the said John X.
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 X. Sumner for the
purpose of instituting a suit in equity,
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 *. 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
Sth. which is subsequent to the date al
lowed for the return of the execution
1t is also set out that the property ad-
yertised to be sold will not cover the
amount of the judgment. and that the
defendants have other property which
can be found and attached IL the ex-
ecution Is renewed.
| Photographer Frank Davey. in going