The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-11-10
TWO FOUND
NOT GUILTY
More Talk Before
Hagey Case
Nonsuit.
The Sacredness of Uncle
Sans Mails Holds
Up a Trial.
Judge De Bolt Keeps Lawyers Up
to Time-Damage Suit
is Dropped.

Judge Gear yesterday morning to pay
fine of 5000.
FOR CURSING POLICEMAN.
Kahapea was tried for profanity be-
fore Judge Gear. The offense consisted
in abusive language toward E. K.
Devauchelle, 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. H. Hogs,
j. P. Makainai, W. NJ Bush, Sol. Kao-
lewa and George Woolsey.
The jury retired to consider its YER
dict about 3:15 D. m. and returned in
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
and imminently dangerous to life upon
one Vasconcellos. The weapon was a
baseball bat. L. NJ. Straus assisted the
prosecution, while S. F. Chillingworth
appeared for the defendant. The fol-
lowing jury was accepted:
E. Norrie, E. H. Paris, E. K. Rath-
A. A. Montana, w. A. Hall, J. D.
Cockett, Theo Wolff. Chas. Spencer,
j. Clark and G. w. Hayselden.
Under cross-examination Vasconcel-
| 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 zee
Sin Tie, VS.. w. Kelle, defendant, and
Pioneer Building & Loan Association,
garnishee, assumpsit for 500 with legal
| interest from November 8, 1900, came
/
terday. Castle & Wilmington and w.
l.. Whitney for plaintiff; Robertson &
| Wilder for defendant and garnishee.
| The following jury was empaneled:
E. r. Adams, E. McCorriston, George
| CIPHER, Charles ButZke, 1. Levingston,
C. E. Frasher, Benito Guerrero, E. E.
| Mossman, P. M. Lucas, E. II. F. VOL
ter, w. Fl. Thornton and John Kuaana.
| fI,a r,loi int hoj GA
p. NJ, the hearing was continued until
$3.50 this morning. This was owing to
| the absence of the defendant, who is a
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 H. Dee, allowing the
plaintiff ten days within which to file
an amended complaint. A. H. Crook
appeared for plaintiff, and Smith &
Lewis for defendant. The suit is to
recover $500 damages for alleged
breach of promise to pay balance of
$2025. 65 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 jury or a process and that
| the complaint did not state facts suf-
| f1cient to constitute a cause of action.
DAMAGE SUIT ENDED.
| in the action for false Imprisonment
brought by Peter High against Emmett
May and Robert Parker. The plaintiff
| claimed $4,000 damages for wrongful i'm
prisonment for thirty minutes.
INSURANCE TEST CASE.
Robertson & Wilder have filed a 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 d.
rected 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, and
that although the fire was started by
the government fire department it could
not be held to be fire directly or in
directly resulting from the order of a
civil authority, and that therefore the
order relied on by the defendant could
be no defense in this action
The defendant appeals from the di-
rected verdict for the plaintiff for
sso7.25 and from Judge De Bolts re-
fusal to grant a motion for a new