The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1903-11-03
INDICTMENT
is ATTACKED
Motion to Quash
Both the Jewel
Cases.

When the plaintiff in the Hagey cure
contract suit had rested yesterday aft
ernoon, Mr.. Mechanism for the de-
PENDANTS moved for a nonsuit and ar
gued. followed by A. G. NJ. Robertson
against the motion. Judge Robinson
denied the motion and now the defense
is on. T. NJ. Harrison. the plaintiff,
was on the stand yesterday afternoon.
He was exhaustively cross-examined
on the sheep run part of the complica-
tions.
THE JEWEL ROBBERY.
A motion to quash the indictments
against Ben Gallagher and Hugh
Rooney, for burglary and receiving
stolen goods respectively, was filed in
Judge Gears court yesterday. 1t was
taken under advisement.
NOTABLE LIQUOR CASE.
M. G. Simoes was put on trial for SELL
ing liquor without a license before
Judge Gear yesterday afternoon. Depu-
ty Attorney General E. C. Peters pros
ecutes, and ]. NJ. Vivas and c. c. Bit
ting defend the case. The following
jury was accepted: w. H. Hoogs, c.
Spencer, D. F. Thrum, ]. b. Pakele, L.
r. A. Hart, w. NJ. Bush, w. A. Hall.
F. j. Robello. j. II. Davis, L. j. N.
Hipa. e. H. Paris and Geo w. Haysel-
den. The trial is still on for this morn
ing. 1t was in this case that Judge
Gear rendered his decision finding that
the liquor laws of the Republic of Ha-
wall were still in force.
PROBATE MATTERS.
George z. Rugg was appointed ad-
! ministrator of the estate of Chester M
Rugg, on petition of the widow, Mabel
E. Kelsey Rugg, by Judge De Bolt yes
terday The bond is $4,000. r. d. Mead
for petitioner.
Judge De Bolt granted the petition Of
Margaret Lishman, executriX OF the es-
tate of her late husband, Robert Lish-
man, for approval of accounts and dis
charge. Cecil Brown for. petitioner.
FLAWS ARE FOUND.
John Albert Matthewman, master in
the matter of the estate of August
Kraft, deceased, has filed report in
which he finds all sorts of flaws IN
the administration. Nevertheless ne
recommends, Subject to the courts ac-
! ton in regard to the evidence adduced
before the commissioner, and excepting
f. attorneys fees in excess of Sl0O, that
the final accounts of w. L. Howard
temporary administrator, and the par
tial accounts of w. L. Howard, admin
/ istrator with the will annexed, be al
lowed"
! Among other things the master OBJ
/ jects to the attorneys fee or S2oo as
more than warranted by the work done,
and finds that the partial distribution
made $4,000 was not in accordance with
the facts ELECTED by the commissioner
one of the beneficiaries being omitted.
An unnecessarily long time, 1t Is stat
ed has been consumed in settling the
estate. The mandate of the will to sell
the real estate after six months ad
yertising has not been obeyed SeVera'
instances of "carelessness in small mat
ters" are noted, among them being
these:
"One gold chain appears in the first
inventory which is not accounted TOT
later. Five watch chains appear IN the
last inventory which We're not mention
ed in the other two.
Oates of expenditures do not always
correspond with the vouchers
FERNANDEZ WAS ILL.
Vincent Fernandez by his attorney, C.
F. Peterson, has filed motion TO re-
woke the order dismissing his appeal IT
! C. C. Bittings suit against him on !,
note. BY affidavit he declares ne r'o
retained j. NJ, Kaneakua to represent
him in court but Kanaakul has beer
absent from Honolulu several weeks
and deponent does not know where NE
is A message to another attorney Was
not received by him in time TO appear
before dismissal of appeal Deponen'
has been seriously i'll in bed for saVera
weeks He claims he has maritor'ous
defense, that the note was without con-
sideration, that plaintiff Is net ITS bona
flde holder and that deponent was IN
duced to sign the note through MS
representation and fraud OF naintft.
SIMS AS CLERK.
Judge Gear yesterday appointed VII
liam r. Sims as his clerk in place OF
F. II. Loucks, resigned.
COURT NOTES.
Man Chong has appealed rom h,'
sentence to pay fine of 800 and cost
! and To be imprisoned three months a
hard labor by L. b. Nainoa, Distric
Magistrate of Koolauloa, for sellins
liquor without a license.
The Mutual Telephone Co. has TIVE
days more in which to plead, etc, to th'
complaint of Sidney NJ. Ballou.