The Hawaiian gazette., 1903-11-10
Mr.. COOPER
IN PRACTICE
Conducted a Civil
Case in Court.

Jurors who had been excused until
notified were Called in yesterday before
Judge De Bolt, owing to the exhaustion
of the panel the previous day when
jury was being drawn. The case was
an action to enforce materialmen's
lien, brought by Allen & Robinson, Ltd,
against Annie Schrei Reist. Henry Il.
Cooper of Kinney & McClanahan APP
peared for plaintiff, and C. w. Ashford
for defendant. Following are the names
of the Jurors accepted: w. II. Thorn
ton, H. Meek, p. NJ. Lucas. Isador
Levingston, John Kuaana, Isaac
Adams, Chas. L. Frasher Benito Guer-
rero, f. E. Mossman, Geo. Cypher. E.
McCorriston and E. c. Holstein.
In the middle of the afternoon. Mr..
Cooper asked that the jury might be al
lowed to visit the premises. as the evil
dence Of the drivers then all in left the
question of location somewhat uncer-
tain.
Mr.. Ashford opposed the motion as
something unusual in civil cases. The
evidence showed how careless the plain
tiff was in it's business, sending out ma
terial without knowing just where it
went.
Judge De Bolt denied the motion, as
its granting might establish bad
precedent. A similar request from
jury a few days ago was refused. what
the jury might see would not be evil
dtnce.
Mr. Ashford, when the plaintiff had
rested, moved for directed verdict for
the defendant on the ground that there
was lack of proper parties, in that the
contractors name did not appear in the
case w. II. Bradley was the contrac-
tor. The motion was granted and the
Jury accordingly found for the defend
ant.
THE CRIMINAL COURT.
Judge Gear granted the motion to
qtash the indictment of Fisher, Nerny
AMI Buckley, the soldiers charged with
breaking into a Waikiki saloon and
stealing beer therefrom, and the defend
ants were held for further investiga-
tion by the grand jury.
Judge Gear sustained the demurrer
to The indictment Of Osumi. for muir
der, and the defendant was held for
further action of the grand Jury.
The indictments against Ben Gal
lagfer and Hugh Rooney for the Par
ker jewel robbery were held as good by
Judge Gear.
Simoes was found guilty of selling
liquor without a license by jury be-
fore Judge Gear yesterday. Sentence
was set for Monday morning.
The grand jury was sitting again yes
terGay afternoon in Judge Gears
courtroom. Miscellaneous criminal mat
tiers were under investigation.
HARRISON DOWNED AGAIN.
Judge Robinson, at the conclusion of
argument on the motion for a nonsuit
in the Hagey cure contract case yes
| terday morning, intimated that when
the jury came back on Monday he
would grant the motion. Any ruling Of
this kind must be made in presence of
| the jury. 1t is probable that the case
will now go to the Supreme Court for
| the third time, to have a few more
points cleared up before it can be tried
out by another jury. 1t is acknowl-
edged on all sides, including that of the
cout now having it in hand, to be a
| most complicated case.
| COURT NOTES.
The Supreme Court was engaged
morning and afternoon with the County
Ac; case.
Oahu Railway & Land Co. by it's at
toneys, Hatch & Ballou, answers the
counter claim to it's suits against Wal
alm Agricultural Co, denying each and
every allegation of the defendant.
A motion to set for trial has been
| filel by plaintiff in the case of John
ViNchaves vs. Manuel F. Pedro and
Kaiihue Kahulanui, bill to foreclose
mortgage.
Plaintiffs in the case of Lee See and
| five others, minors, VS.. Yee Chin, Lum
Hong and Chew Mon have entered a
joirder in demurrer. This Is the mat
ter In which Chew Mon. administrator
of the estate Of zee Chew Fan, de-
ceased, is alleged to have absconded to
China with the money belonging to the
i u a.