The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-11-07
Mr.. COOPER
IN PRACTICE
Conducted a Civil
Case in Court
Yesterday.

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 a materialmen's
lien, brought by Allen & Robinson, Ltd,
against Annie Schrei Reist. Henry E.
Cooper of Kinney & McClanahan ap-
peared for plaintiff, and c. w. Ashford
for defendant. Following are the names
of the jurors accepted: W. H. Thorn
ton, H. Meek, P. NJ. Lucas, Isador
Livingston, John Kuaana. Isaac
Adams, Chas. E. Frasher Benito Guer-
zero, E. 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, ali 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 a
jury few days ago was refused. What
the jury might see would not be evil
| dence.
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. H. 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
quash the indictment of Fisher, Merry
and Buckley, the soldiers charged with
/ breaking into a Waikiki saloon and
stealing beer therefrom, and the defend
ants were held for further investiga-
| ton 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
lagher and Hugh Rooney for the Par
ker jewel robbery were held as good by
| Judge Gear.
Simoes was found guilty of selling
| liquor without license by jury be-
fore Judge Gear yesterday. Sentence
was set for Monday morning.
| The grand jury was sitting again yes
terday 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. It is acknowl-
| edged on all sides, including that of the
court now having it in hand, to be a
/ most complicated case.
COURT NOTES.
The Supreme Court was engaged
Act case.
Oahu Railway & Land Co. by it's at
torneys, Hatch & Ballou, answers the
counter claim to it's suits against Wal
alua Agricultural Co, denying each and
every allegation of the defendant.
A motion to set for trial has been
filed by plaintiff in the case of John
| Vivichaves VS.. Manuel F. Pedro and
Kaaihue Kahulanui, bill TO foreclose
mortgage.
! Plaintiffs in the case of Lee See and
five others, minors, VS.. zee Chin, Lum
Hong and Chew Mon have entered a
! joinder 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
| dead mans children.