The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-05-05
NEW TRIAL
is STARTED
AxteIl's Damage
Claim Against
Hendricks.
Second Jones Murder
Case Over Until
January.
Conductor BilIman's DeathDed
Will--Iiutchins Ahead in
Possession.

The suit for SIC. 900 damages on ac-
count of malicious prosecution, brought
by j. C. Axtell sgainst H. 3. Hend-
ricks, came on for new trial before
Judge Gear at o'clock yesterday aft
ernoon. In the first trial a jury found
damages of $1,000 for the plaintiff. but
Judge Robinson set the verdict aside
and granted motion for a. new trial
on the ground that the amount was
excessive. W. L. Stanley and G. G.
Biting are attorneys for the plaintiff,
while A. q. NJ. Robertson appears for
the defendant.
There was little trouble in obtaining
a 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 on
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
statement that he had financial in
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. H Armstrong, e. B.
Clark, +. j. Sullivan. n. A. Parmelee,
!. j. Egan, e. r. Biven, Jas Brown,
Jas. Armstrong and Emil A. Berndt.
JONES TRIAL FAR OFF.
After q strongsI argued contest,
Judge De Bolt yesterday granted the.
motion of the defense to continue the
case of Edward M Jones, indicted for
murder in the first degree, until the
January. 1905, term of the First Cir
cult Court The attempt at a trial last
January term failed through lack of
Jurors out OF this years jury list who
could pass examination for cause when
challenges were 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. r. Rawlins appeared for the prose-
dutfon; r. B. Anderson for the defen-
dant. The following jurors were ac-
cepfed 1hyS b6th sides as drawn: James
BickneII, H @. Austin, Willard E.
Brown. r. Lishman, C. j. Ludwigsen,
6. j. Falk, J. r. Gait, G. Kealohapau-
ole. John KidweIl.e Chas. H. Bellina.
Jessin Andrade and Henry P Kaohi.
Both sides had rested at 1855 a. m.
In the afternoon a 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
vas clerk of Honolulu Water Works,
Robertson & Wilder presented de-
rthurrer. on which by consent argument
was set for a. m. on Saturday.
G. Harrison, defended by Henry Ho-
gan, pleaded not lsnfaty to indictment
fBr assault with intent to commit muir
der. His trial Was SET for 10 a. M to-
morrow.
Ka1anisto, indicted for an foGt4age,
Had his ease-continued by his attorney
a a. Hong Until today Il agS ,0s