The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1903-11-10
TWO FOUND
NOT GUILTY
More Talk Before
Hagey Case
N0nsuit.

NJ G. Simoes, whose case was a test
Of the constitutionality of the Hawai-
ian liquor laws, was sentenced by
Judge Gear yesterday morning to Day
a fine of 5000.
FOR CURSING POLICEMAN.
Kahapea was tried for profanity be-
fore Judge Gear. The offense consisted
in abusive language toward E. X.
Devauchelle, a police officer. in the dis
charge of duty. Deputy Attorney Cen
eral Peters prosecuted and c. f. Peter
son defended the case. The following
jury was accepted:
l.. r. A. Hart f. j. Robello, j. H.
Davis, j. l.. Aholo, J. b. Pakele, N. j.
n. Hipa, d. f. Thrum, w. II. Hoogs.
j. P. Makainai, w. NJ. Bush, Sol. Kao-
lewa and George Woolsey.
The jury retired to consider it's YER
dict about 3:15 p. m. and returned in
a quarter of an hour with a verdict of
not guilty, upon which defendant was
ordered discharged, his bond cancelled
and his surety dismissed.
CONFESSION OF WITNESS.
Louis Dumas was next put on trial
for assault with weapon obviously
and imminently dangerous to life upon
one Vasconcellos. The weapon was
baseball bat. l.. NJ. Straus assisted the
prosecution, while S. f. Chillingworth
appeared for the defendant. The fol-
lowing jury was accepted:
L. Norrie, Z. II. Paris, e. X. Rath-
burn, c. B. Lemon, d. DENOMINATION,
A. A. Montana, w. A. Hall, j. d.
Cockett, Theo. Wolff. Chas. Spencer,
j. Clark and G. w. Hayselden.
Under cross-examination Nasconcel-
los, the prosecuting witness, admitted
he interfered with a ball game and
confessed that at different times he had
been arrested for violating the laws.
A verdict of not guilty was returned.
BUILDING SUIT.
Pang Chong, doing business as Yee
Sin Tie, VS.. w. Kele, defendant, and
Pioneer Building G. Loan Association,
garnishee, assumpsit for 500 with legal
interest from November 8, 1900, came
on for trial dbefore Judge De Bolt yes
terday. Castle & Wilmington and w.
L. Whitney for plaintiff; Robertson d
Wilder for defendant and garnishee.
The following jury was empaneled:
e. r. Adams, L. McCorriston, George
CIPHER, Charles Butzke, I. Levingston,
c. +. Frasher, Benito Guerrero, q. q.
Mossman, p. NJ. Lucas, e. H. +. VOL
ter, w. H. Thornton and John Kuaana.
When the plaintiff had rested at 2:4O
d. M, the hearing was continued until
$3.50 this morning. This was owing to
the absence of the defendant, who is
mail carrier. Mr.. Robertson informed
the court that he could not subpoena
the defendant without making himself
liable to the penitentiary for stopping
the United States mails.
COMPLAINT DEFECTIVE.
| Judge De Bolt sustained the demur-
rer in the suit of Wilmerding LoeWe
Co. VS.. Lawrence II. Dee, allowing the
plaintiff ten days within which to file
an amended complaint. A. H. CROOK
| appeared for plaintiff. and Smith IL
| Lewis for defendant. The suit is TO
recover $500 damages for alleged
breach of promise to pay balance OF
| S2025 Go after an accounting between the
parties. The demurrer was on the
| grounds that no term of court was
mentioned in the complaint, that the
| complaint was addressed to no court
nor to any judge, that there was no
prayer for a jury or process and that
the complaint did not state facts suf-
| fcient to constitute cause of action.
DAMAGE SUIT ENDED.
A discontinuance was filed yesterday
/ in the action for false Imprisonment
brought by Peter High against Emmett
May and Robert Parker The olaintiff
claimed $4,000 damages for wrongful inn
| f,t. tpfN min a
INSURANCE TEST CASE.
Robertson & Wilder have filed bill
of exceptions for defendant in the case
of Kwong Lee Yuen & Co. VS.. Man
chester Fire Insurance Co. This is one
of the Chinatown fire cases. Besides
exceptions to various rulings in the
| course of the trial, the crucial one Is To
the incident stated as follows:
That both parties having rested and
the case being closed, the court di-
rected IA verdict for the plaintiff for the
amount sued for, with legal interest
on the ground that the evidence dis
closed the fact that the fire was started
in premises not within the limits as
ordered by the Board of Health, ano
| that although the fire was started by
the government fire department 1t couio
not be held to be a fire directly or in
directly resulting from the order OF Q
civil authority. and that therefore the
order relied on by the defendant coulo
be no defense in this action"
The defendant appeals from the d.
rected verdict for the plaintiff FOL
$780,. % and from Judge De Bolts re-
fusal to grant motion for a new
trial. Several other insurance cases
depend on the determination Of thi!
one.
HAGEY CASE NoNSUITED.
Judge Robinson abated his declared
intention of Friday last to grant thu
motion of defendants in the Hage,
cure contract case for a nonsuit, TO tn
extent of hearing more argument a
.AAAAAAAAAAA
wall, as never before, that our Lord Il
the Son of Man. that He is the Saviour
of all nations and people, and that mel
of widely divergent races can be lei
! TO see in Him the hope of humanit.
and the way to the Father. Moreover,
, | belieye that the Church which sent M