The Hawaiian gazette., 1903-09-22
JURY BACK
ON TUESDAY
Question Of Jail
Delivery is
Argued.

After the rendering of the verdict
In tn insurance case yesterday Judge
u Bolt excused the talesmen Indefinite
ly and the regular Jurors until $3.50 a..
IN. Tuesday next. Probate matters
and motions will occupy his attention
on Monday. A notice was issued to
the following named Jurors heretofore
excused. calling them in for Tuesday
morning: Isaac Adams, L. b. Angus,
Lawrence II. Dee, Charles b. Dwight,
Benito Guerrero. Edward c. Holstein,
owen ]. Holt, G.. II. Karratti John ku-
aana, p. NJ. Lucas Milus w. Parkhurst
G. c. Potter and Louis Warren.
JAIL DELIVERY QUESTION.
r. w. Breckons, U. S. District At
torney, appeared in his capacity as a
practitioner of the Territorial bar. be-
fore Judge Gear yesterday morning, to
argue the constitutional point he had
raised on behalf of Wa Sin charged
with selling a poison-towit, opium
without license.
Defendant is up on appeal from the
Honolulu District Court and the par
ticular point is that he has not been
indicted by a grand jury, as the Fed
eral constitution requires in the case
Of any person charged with an offense
that may by Imprisonment of the Of
fender in a penitentiary become IAN
Infamous crime"
Authorities in the line of those pre-
viously quoted by the Advertiser on
this question were cited by Mr.. Brock
ons, and he argued therefrom that the
Hawaiian law made all offenses that
are punishable by imprisonment-eithe
directly or in default of paying n fine
infamous in that it directed the con-
finement of all prisoners to be in Oahu
prison this being the Territorial peni-
tertiary.
f. NJ. Brooks, appearing for Naka-
mura, who is charged with unlicensed
liquor selling, made a short argument
of like tenor with that of Mr.. Brock
ons.
Z. C. Peters, Deputy Attorney Cen
eral, replied. Although he was virtual
ly taken by surprise with the question,
those who raised it having been search
ing for many weeks before springing 1t,
he made strong argument. He con-
tended that the cases We're all of Fed
eral law and did not apply to those
at bar. Persons convicted of INSIDE
sent to the penitentiary direct but
given into the custody of the High
Sheriff. The local statutes made dis
tinction between the penitentiary and
county jails, directing that part of
oahu prison should be set apart as the
oahu county Jail.
Judge Gear did considerable arguing
and citing of authorities himself be-
'sides putting Mr. Peters through an ex-
animation on his argument. He evil
IDENTIFY leaned strongly toward a. con-
viction that the point was well taken.
A decision next Monday was promised
Witnesses in Federal cases are de-
tanned in Oahu prison and, outside of
court, the query has been heard as to
whether they cannot all be released
under habeas corpus proceedings
should the constitutional point raised
in the Territorial courts be sustained.
ROAD WIDENING CASE.
Superintendent of Public Works
Cooper and contractors Lord e Belser
by Lorrin Andrews, Attorney General
| of Hawaii, have answered the com
plant of Young Wal for an injunction.
| Among other things they say THAT
the property in controversy is wholly
and entirely the property of the Gov
eminent of the Territory of Hawaii,
ana that plaintiff herein has no right,
title or interest in and to said property,
or any part thereof"
NEW APPEALS.
Nh Lum has appealed from his SEN
teuce of three months Imprisonment
at hard labor with costs, by District
| Magistrate Alex. Lindsay, for assault
and battery on Annie keaka. The
| evidence was that defendant insultrd
| IT," girl and when she resented it by
striking him with a broom he struck
ard wounded her with an iron bar.
Defendant in the suit for possession
Of premises in kinau street, entitled
Irene Il. Cornwell VS.. John f. Coburn,
has appealed from District Magistrate
Dckey's judgment for plaintiff.
NOTES FROM FILES.
Charles f Peterson, commissioner IN
the foreclosure suit of I.unallo Estate
Trustees against II. w. Schmidt. has
made his report of sale, Including a
balance of $3.50 on rent account he re-
turns a balance of $23,96l.25.
Judge Robinson allows the defendant
in the damage suit Of Robert Fuller VS..
Honolulu Rapid Transit & Land Co.
ten days more wherein to file its bill of
exceptions.
sun Lung by his attorney, j. Alfred
Magoon, has discontinued his action for
fire loss against the Insurance Com
pany of North America.