The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1902-03-14

IMAM AfNN NAffANNN NNNf'fNNf"NH ~ AIlf AiAfi
nal Revenue office yesterday II was
stated that the arrest meant no change
Of policy on the part Of the department.
but that the Federal authorities were
always ready to prosecute violators OF
the Internal revenue laws when the ev-
ldence Vas deemed sufficient.
NJ T. Lennon, the attorney who
served term In oahu prison for gross
cheat, was disbarrcd from further prac-
tice In the Territorial courts by the
Supreme Court yesterday. Attorney
General Dole went on the stand and
testified to an appeal made to him by
Mr.. Lennon to save him from disgrace,
and promising that he intended to re-
turn to the States and become a good
citizen OF the Community. and try TO
live down his record here. He asked
whether or not II would be thought dis
courteous by the court II he failed to
appear. and upon being told that T.
would not, said he would make no de-
Tense George Sea testified to the SER
vice made upon the defendant, and
Clerk George Lucas and Police Clerk
Fabian testified as to the record In the
criminal case. Chief Justice Frear then
stated that the motion for disbarment
would be granted, and the name OF
Lennon was ordered stricken from the
file of practitioners in the Territory.
The case of Lilli VS.. Carthy was ar
gued in the Supreme Court during the
day.
Formal notice to advance the Kamalo
case on the calendar to March 14th was
given yesterday by plaintiffs. Defend
ants have given notice Of motion to
strike the cause from the calendar, on
the ground that the clerk had not been
served With the notice. The matter
] will be argued in the Supreme Court
today.
Deputy Attorney General Cathcart
has filed a motion to strike out the
| bill of exceptions i'm the case of Terri
/ tory w. All Moon. on the ground tina,
no notice of the same had been given
/ the Territory.
Chief Justice Frear gave notice yes
terday that the Supreme Court would
adjourn Thursday for the term.
Another new point was raised be-
/ fore Judge Robinson yesterday in the
trial Of the case OF Territory VS.. Chas
Malaia, charged with assault.
Judge Kaulukou, the defendants at
/ torney, moved to quash the indictment
on the ground that the grand jury had
no right to consider a misdemeanor
I as this Is, and which is properly triablC
/ before a District magistrate. Mr.
Mathewman contended that the grand
jury was an arm OF the Circuit Court
and that the Circuit Court had the
same jurisdiction as did the District
/ magistrate, consequently the indict-
ment was valid. Mr.. Douthitt argued
that Judge Humphreys had held in 9
similar case that the grand jury haC
! power to hear misdemeanors. to which
statement Mr. Kaulukou hotly objected
as being a highly improper attempt tc
influence the Courts opinion. Judge
Robinson took the matter under ad
visement, holding that while he at frs
took the defendants view of the case
he would postpone his decision unit
this afternoon. AS the defendant ha'
three more charges OF more serious
character pending against him, his re
lease would be OF little value.
TROUBLES Or JURORS.
Crimp Mccarthy is being given
second hearing for the assault he i
dlltStu W nave
Akai. Extreme difficulty was met il
securing a jury, as the twelve men VIII
heard the first case are disqualified
and many of the remaining member
OF the panel had already heard consid
cradle of the case.
During the examination of juror
:. Judge Gear held that sleepiness Is no
a crime, and angered Attorney Bittin
I Al 80
A. Long was called the loungers at tn
court room door burst into laughter
and the cause for which was not dis
, closed until Long came into the cour
, room rubbing his eyes. He had bee
sleeping on a couch just outside tn
, court room, but Biting thought 1t wa
something worse.
SENATOR is FREED FROM ALI
MONY.
Judge Humphreys filed a written dc
; cision yesterday denying the motion fc
; a new trial in the divorce case of ST.
san Kahilina VS.. Senator Kahilina, BIT
setting aside the alimony OF $1,000 pre-
viously allowed the wife. The coul
, holds that the wife did contribute
the personal expenses of the household
Z This is by no means unusual" say
) the court. when the income of tn
| husband is not sufficient to maintai
the wife in the style in which she wisf
es to live, and she makes a contrlbl
: ton to the common fund, she does M
thereby acquire the status of a cred
e itor OF the husband"
The court further holds that the II
e come OF the husband is shown to
: about $500 less than that of the wifi
u and therefore in view of all the eli
u cumstances, the decree is modified, an