The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-05-06
new TRIAL
IS STARTED
Axtell's Damage
Claim Against
Hendricks.
trrom Thursdays Advertiser.)

(From Thursdays Advertiser)
The suit for $4,000 damages on ac-
count of malicious prosecution, brought
by j. C. Axtell against II. E. Hend-
ricks, came on for a new trial before
Judge Gear at o'clock yesterday aft
ernoon. In the first trial jury found
damages of $4,000 for the plaintiff, but
Judge Robinson set the verdict aside
and granted a motion for a new trial
excessive. w. L. Stanley and c. c.
Biting are attorneys for the plaintiff,
while A. G. NJ. Robertson appears for
the defendant.
There was little trouble in obtaining
jury Notwithstanding the publicity
given the case at the first trial. Jurors
who had read about the trial did not
remember enough to give them fixed
impressions. F. j. Dutra was let off
because he felt so friendly to both Ak
tell and Hendricks that he did not wish
to serve on the jury. John A. McCand-
less was excused by consent on his
terest in one of the parties. Mr.. Rob-
ertson challenged two jurors, after
which both sides were satisfied with
the following named twelve:
B. f. Vickers, Douglas Kaona, Sam
Nowlein, F. II. Armstrong, E. B.
Clark, J. ]. Sullivan, H. A. Parmelee,
j. j. Egan, E. r. Biven, Jas Brown,
Jas. Armstrong and Emil A. Berndt.
JONES TRIAL FAR OFF.
After a strongly argued contest,
Judge De Bolt yesterday granted the
motion of the defense to continue the
case of Edward NJ. Jones, indicted for
murder in the first degree, until the
January, 1905. term of the First Cir
cult Court. The attempt at trial last
January term failed through lack of
jurors out of this years jury list who
could pass examination for cause when
challenges We're exhausted. AS there
are about 20 men disqualified on the
1904 list, Judge De Bolt from the first
seemed to despair of the success of
another effort to obtain a jury this
year. Attorney General Andrews and
Deputy Peters both contended for set
ting the case for trial at this term,
while A. G. NJ. Robertson argued for
the motion to continue it.
JAPANESE ACQUITTED.
Tokunaga was placed on trial before
Judge De Bolt for assault and battery
with a weapon. w. S. Fleming and
w. II. Rawins appeared for the prose-
cution; r. b. Anderson for the defen-
dant. The following jurors We're ac-
copied by both sides as drawn: James
Bicknell, H. C. Austin, Willard E.
Brown. P. Lishman, C. J. Ludwigsen,
C. J. Falk, ]. r. Gait, G. Kealohapau-
ole, John Kidwell, Chas. H. Bellina,
Jessin Andrade and Henry P. Kaohi.
Both sides had rested at 11:55 a. m.
In the afternoon verdict of not guilty
was rendered
OTHER CRIMINAL CASES.
When Vivian Richardson was called
to plead to five indictments for en-
bezzlement of public moneys while he
was clerk of Honolulu Water Works
Robertson & Wilder presented a de-
murrer on which by consent argument
was set for a. m. on Saturday.
gan, pleaded not guilty to Indictment
for assault with intent to commit MUIR
der. His trial was set for 10 a. m. to-
morrow.
Kawamoto, indicted for an outrage
had his case continued by his attorney
C. y. Long, until today.
SHIP oTHELLo CASE.
The trial of Henry c. Worth, frs
mate of the ship Othello for assault
with pistol on a japanese sailor OF
board that vessel off Honolulu harbor
had been set for second in order yes
terday before Judge De Bolt. 1t wa:
called after the trial of Tokunaga, bu
Assistant Attorney General Fleming
moved for continuance until Monda.
next. Aftidavits in support of the mo
ton by High Sheriff A. NJ. Brown ant
| Mkt, Japanese officer in the police
department, We're presented which Sc
! forth that Kadoshita, chief witnes
! for the prosecution, was on the ISLAM
of Molokai and could not be brough
/ to Honolulu before Friday or Saturday
| $. +. Chillngworth, attorney for tn
defendant, strongly opposed the mo
| ton, contending for an immediate trial
/ High Sheriff Brown was placed on III
/ witness stand and testified that tn
absent witness had to be released fror
detention, because he was without an
means of subsistence i'm Honolulu an
at the time there was no fund for wit
nesses I'm criminal cases, lie wa
material to the prosecution, hayln
been an eyewitness Of the occurrenc
ON the ship, Judge DE Bolt granite
tho continuance,
HuTCHINs WINS POINT.
I'm AN opinion written by chief Jp'
toe Frtar ANA signed by the aulh'
and Justice Perry with a short cor
rurrlnB opinion hy Justice ualhraitl
tho motion of nistrrt haElsIrai
Thomas AIN ~ Narth hana Hawai-
il uuush "a VITA NJ ptrlinfafl ln Nhl'
I hr n rpmnlrnl Is ifpled apl %
'rfpouirni FiNpn nfa aafs "a anpNr
/ lhr NlIlNf gnlinwli Nas snrl nui
A.. d