The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-12-18

prosecution to disprove the theory of
the defense that Jones was insane the
carrier part of the night OF the killing.
OF Mrs Parmenter and Mrs Jones. on
Inc ground that rebuttal evidence was
not admissible to disprove a theory but
only to contradict evidence The pros
ecution had no objection to evidence
contradicting the opinion of witnesses
that the subject of the hypothetical
question had typhoid fever in child
hood, but it did object to allowing the
defense to open up a new case of
insanity based on the theory that the
malady. was typhoid fever.
Judge Gear ruled the evidence admfs-
sible and after Dr. Wood was exam
med on his qualification the hypo-
thetical question with typhoid fever"
IN place of meningitis" was read to
MIN and DR.. Moore by Mr.. Dunno.
ADMISSION AND DENIAL.
DR.. Woods answer to the question
was that the subject was insane. He
admitted on croSs-examination that he
formed the same opinion after reading.
the hypothetical question, as originally
put, in the Star of the previous even
ing. Although he said he came on the
stand with that opinion, he had lis
tened intently to /the hypothetical
question as put to him. Under oath
II he could not answer the question
put to himself affirmatively, he would
acknowledge he made a mistake in his
first opinion even had it been told to
everybody in town.
DR.. Wood said one per cent was
much too high an estimate of the
proportion of people who became in
sane as consequence of typhoid fe-
yer. Whether recovery was probable
or not after lapse of time depended
on the question of permanent injury to
the membrane of the BRAIN
There We're frequent contests be-
tween Deputy Attorney General Pc
ters, conducting the cross-examina-
ton, and Messrs. Robertson and Dunno
over the admissibility of questions.
The court having allowed the reopen
ing of the insanity problem, general
ly ruled in favor of the prosecution.
Dr. Moore went on the stand shortly
before adjournment of the afternoon
session. A night session was ordered.
Dr.. R. w. Burgess awaited the call
to give surrebuttal evidence. He
heard the question read along with
Drs. Wood and Moore.
BANK PAID TWICE.
Claus Spreckels & Co. VS.. Mele Kau-
kea (w.), was tried before Judge Rob-
inson yesterday by the following jury:
Abraham Kekai, Thos. r. Mossman,
W. R. Campbell, Chas. Spencer, John
f. Soper, Frank P. Mcintyre, Chas. B.
Lemon, Chas w. Booth, A. A. Mon
tano, Fl. S. Swinton, John H. TAYLOR
and James Enright. 1t was an action
for the recovery of s202.75 paid to de-
PENDANT under her alleged misrepre-
sentation that she was the widow of
Manualii, deceased, and which the
plaintiff paid a second time to Manua-
ill., father of the dead man and admin
istrator of his estate. When receiving
such payment the administrator, who
was accompanied at the bank of plain
tiff by A. G.. NJ. Robertson, attorney,
waived a demand for the payment of
$97.25 also paid to the woman because
it went for funeral expenses and was
therefore chargeable to the estate any
way. L. j. Warren appeared for plain
tiff, E. A. Douthitt for defendant.
The jury brought in a verdict for
the plaintiff, to which defendant noted
exceptions.
Theo. F. Lansing VS.. Emmett May,
assumpsit, comes on for jury trial be-
fore Judge Robinson at 10 o'clock this
morning.
ORDERS IN PARTITION.
In the partition suit of NJ F. Scott
ct al. VS.. E. K. Pilipo ct al, about
Kona land sold Hereunder last Satur-
day for 10000, Judge De Bolt made
a number of orders yesterday. w. C.
Achi appeared for the commissioner,
W. A. Wall, who was also present; w.
r. Castle, for self and other defend
ants; Enoch Johnson for self and other
defendants, and Cecil Brown, for pur-
chaser, J. A. Mcguire. The sale was
confirmed and accounts were approved
and ordered paid as follows: Hawaiian
Gazette Cos bill, $112T5; w. A. Wallis
bill for services as commissioner, $515;
w. A. Wallis bill for surveying, S720.29,
and costs of court, $4S. The following
bills We're disallowed: J. F. Morgan,
auctioneer, for $3.50, and w. C. Achfs
for attorneys fee of $3.50. The form of
deed to be given to the purchaser was
filed, and the commissioned was au-
thorized to employ a competent person
to make an abstract of title at a cost
not to exceed $3.50.
NEXT TERM ARRANGEMENTS
An order signed by the three Circuit
Judges was made yesterday to govern
the January term of the First Circuit
Court.
Upon the calling of the civil calendar
all cases in which neither party an
swers ready will be continued for the
term or dismissed, in the discretion of
the court.
Cases answered ready will be set for
trial in their order unless a contin-
uance for the term be granted for good
cause shown. Applications for con-
/ tinuances must be in writing and serv-
ed by the moving party on the other
| party at least twenty-four hours be-
| fore the hearing.
| When case comes up in it's order