The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1903-09-15
HUNG JURY
DISCHARGED
Small Difficulty
Over Assigned
Cases.


n sault and battery on Frank w. Daven.
u port were given the case directly after
the opening of Judge Gears court yes
L terday morning. At noon they had no
agreed upon verdict and were sent L
the Union Grill for lunch. They cam,
! INTO court at o'clock and reported
hopeless disagreement. a mistral was
entered, the jury discharged and The
. case assigned to Judge De Bolt for q
new trial.
Judge Gear confirmed the sentence OF
the District Court on William Kahele
. or one months Imprisonment for as
sault and battery.
Ihe bail of f. Santos for the embez-
Element OF safe valued al $40 was re-
duced to $50 by Judge Gear.
Judge Gear adjourned his court until
10 a. m. Monday.
TROUBLE WITH TRANSFERS
Owing to the difficulty in finding civil
cases to try according to the arranged
division of labor between the three Cir
cult Judges, number of criminal cases
were assigned to Judge De Bolt and py
him set for trial yesterday morning.
counsel in some of them were not
ready owing to the notices they had
received at the calling of the criminal
calendar by Judge Gear. Attorney
| General Andrews insisted on the trials
proceeding and it was so ordered, but
when the first case for a jury was
| brought on there was a fatal absence
of witnesses for the prosecutions The
Attorney General therefore threw up
the case, giving the defendant cheap
and happy release.
| Nevertheless, considerable clear
ance of the criminal calendar was ef-
fected in the cases assigned to Judge
De Bolt, without any serious failure
of justice as will be seen by the follow
ing details:
CRIMINAL CASES ENDED.
Matsuda paid his fine and costs
amounting to $3.50 for assault and bat
terry, his appeal having been with
drawn by his counsel Frank Andrade.
Goto, changing his plea to guilty, had
his District Court fine of $500 and costs
for selling liquor without license re-
duced to $3.50 and costs, on the applica-
tion of his counsel. J. w. Cathcart.
Hasamoto, who appealed from a fine
of $3.50 and costs in the District Court
for selling liquor without a license, was
granted a nolle prosequi on the show
ing that he was but a lackey of Goto |
aforementioned.
Tong Choy, Wa Hui and All Kan |
We're called for trial on their appeal |
from the District Court. where thev |
We're fined $40 and costs each for as
sault and battery Noah T. Alul, as
sistant to the Attorney ap-
peared for the Territory; F. NJ. Brooks
81, = g.
paid their fines and withdrew their ap-
peal, while nolle prosequi was enter.
ed for Tong Choy.
Miamoto was brought up for trial on
his appeal from the District Court,
where he was sentenced to hard labor
TO" ten days with costs for vagrancy.
Mr.. Cathcart objected to the trial going
on at that time, as defendant having
relied on Judge Gears instructions that
the case would not be tried before
Monday was not ready. The exception
was overruled, an exception taken and
the following jury drawn to try the
case: NJ. w. Parkhurst +. C. Hoi-
stein. B. Guerrero. f. e. Mossman. L.
Warren, w. ]. Baird, G. c. Potter, F.
b. Angus, Jno. Kuaana, G. H. Karratti,
c. B. Dwight and I. Adams. Then the
/
nesses for the Territory were not pres
ent and asked that nolle prosequi be
entered. This was granted and the de-
fendant released.
LONG INTERMISSION.
The case of Kapiolani Estate VS.. l..
A. Thurston was adjourned by Judge
Robinson at 3 p m. yesterday until 2 |
p. m. Monday, as Judge Robinson has
probate matters to hear on Monday !
{
LAND CASES. c
In the partition suit of Kaoiolani
Estate, Ltd, VS.. Ruel Kinney and p.
Helemano, defendant Kinney has filed :
an answer admitting certain allega- J.
ton and denying others, but joining
IN the prayer for partition of the land !
among those found entitled thereto.
The premises consist of certain apanas
n Waialua district. Helemano makes
IN answer disclaiming any interest in
he property.
j. A. Thompson, commissioner. has \
lied his report of sale of School street +
property in the foreclosure suit of Mary Z
.. Foster VS.. Ernest Kaai. showing net b
proceeds of sl509.20. An affidavit to the II
|
Nodehouse. Kinney & McClanahan for n
plaintiff move for confirmation of the II
ale. t,
PROBATE AND DIVORCE.
Edward II. +. Wolter and Wilhelm
ieine, executors of the will of JurGan
l. j. Wolter deceased, have filed their
rst and final account. They charge
themselves with s5SSl.O6 and ask to he
lowed $lOSs.l5, showing a balance OF
iS4l.91. :,
Judge De Bolt granted divorce TO s,
Innie Hapai from Charles L. Hapai on II
he ground of extreme cruelty. 'rhe Sc
efendant is 10 pay all costs, but ali
lony and attorneys fee are not al II
,wed. nj
Holmes & Stanley for plaintiffs give &C
office to defendant and her ATTORNEYS, m
astle & Wilmington, in the eiactment fo
ase of j. o. Carter ct al. trustees un- to
er the will of b. p. Bishop, ieeeasad, a
} admit facts and documents. emu. al
~ ha ,l,.a., - fATn | l..