The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-09-27
THE COURT
IS PUZZLED
Over the Verdict
In Kahili's
Case.
tFrom snturday.e AdyrttIser,

| Juoge Gear had appointed yesterday
morning FOR the sentencing OF Dan
kamai Kahill found guilty OF assault
and battery after trial for n. 1nsiaught-
err but the verdict with It's rider OF
mercy embarrassed the court. It ap-
peared to the court that the findings
of the jury were tantamount to an ac-
quttal as indicating reasonable
doubt that the prosecution had proved
its case. Judge Gear further deferred
sentence until Monday morning.
THIEF SENTENCED.
All Koon, who pleaded guilty of lar
ceny in the second degree, was sem
fenced by Judge Gear to be imprlson-
ed at hard labor for two months.
Mr.. Cathcart's motion to admit Mo-
rimoto, lottery tickets in possession,
to bail in $500 was continued till Mon
day $3.50 a. m.
ARRESTED IN MISTAKE.
/ Morita, a friend of Morimoto. had
been arrested in mistake for the other
and now appeared at the bar. The
| blunder was explained and an apology
| made to Morita for the inconvenience
| that had been caused him. Judge
| Gear ordered that he he discharged
and his bond Cancelled. The grand
jury, however, is said to have some
unfinished business on its program
which has to do with Morimoto's
friends.
HAYAsHIDA UNDER TRIAL.
The list of summoned jurors was ex-
hausted early yesterday in the process.
of empaneling a jury to try Hayashi-
da for murder in the first degree.
Owing to an error in the June term
indictment Hayashida, after some
progress had been made last week in
drawing jury for his trial. had to
be released on a nolle prosequi, when
he was at once rearrested and indict-
ed again by the present grand jury.
OF the first twelve men drawn, j. H.
Craig, j. a. NJ Johnson, and j. A.
Lawelawe We're excused for cause on
their sworn examination, as was Geo.
Dillingham;, called to fill the first
vacancy. When Lawelawe was eX-
cused there We're no more names in
the box while the following eleven
men We're seated on the jury platform:
c. ]. Fishel, ]. ]. Dias, H. p. Roth,
Harry Carl, James Brown, II. a. Par
melee, J. f. Soper, j. c. Lane, e. P.
Chaplin, T.. Benner and G. d. Malone.
Mr.. Prosser for the Territory asked
the court to have three talesmen called,
but Mr.. Cathcart for the defendant OBJ
jected.
Clerk Sims was ordered to draw from
the trial jury box the names of Sc men
to be summoned to appear on Monday
at 10 a. M, an objection by Mr.. Cath
cart that the names We're not properly
in the box being overruled.
The venire was issued for the 36
jurors returnable at 10 a. m. Monday.
and the court adjourned at :55 to 9
a m. on that day.
LITTLE JOKER INJUNCTION.
Judge Gear yesterday afternoon heard
argument on the motion of defendant
to compel plaintiff to produce docu-
ments in the injunction suit of /. Ru-
bnstein against H. Hackfeld &c Co.,
Ltd, to restrain defendant from deal
ing in Little Joker" tobacco. ]. ].
Dunno for plaintiff cited an array Of
strong authorities against compulsory
discovery being ordered in such a case.
The motion was withdrawn and it is
understood will be followed by a mo-
tion to dissolve the temporary injunc-
tion. w. A. Kinney and C. F. Glenn
ons appeared for defendant.
TALE OF CRUELTY.
Mary Dunbar brings a libel in div
orce against Edward G.. Dunbar. The
parties We're married only on Febru-
airy q of this year, and the wife alleges
that soon after marriage the husband
began course of extreme cruelty to-
ward her She specifies unprovoked