The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-09-23

! were among the witnesses. DR.. Wood
! told of a short cut under the left arm
which did not penetrate the chest cav
ity. a cut two or three inches long
| severing the biceps of the right arm
and. lastly. an incision three or four
inches long across the abdomen which
exposed but did not penetrate the
stomach. Death, the witness testified,
was the direct result of this last
wound. Under cross-examination DR..
Wood gave no support to either of the
theories that the wounds might have
been self-infiicted and might have been
accidentally caused in a struggle be-
tween the men for possession of the
knife.
C. f. Chiliingworth, deputy sheriff,
testified about the arrest of Kahili.
He said the defendant was under the
influence of liquor.
KahiIi took the stand in his own de-
Tense. He said Limahana and he were
returning from a party up Manoa vail
ley. where the other man made a pro-
posal. which he took in jest, that they
exchange wives. They went to Lima
hana's house, where they alternately
uttered endearing and opprobrious
terms toward each other. It all ended
in a fight, when Limahana drew
knife. Defendant tried to get the weap-
on away from him and in the struggle
Limahana, holding the knife in his
left hand, cut himself in the right arm
and the left side. How the wound in
the abdomen was inflicted Kahili was
at a loss to explain.
HAYASHIDA MUST STAND TRIAL.
Judge Gear yesterday morning de-
MED Attorney Catheart's motion to
quash the indictment of Hayashida for
murder in the first degree. He quoted
Massachusetts, decision where an in
dictment containing a similar error
describing the grand jury as that of
the commonwealth instead of the
judicial district'--had been sustained.
The court also overruled demurrer
to the Indictment.
BURGLAR SENTENCED.
Fujimoto, who pleaded guilty of bur-
glary in the first degree, was sentenced
by Jdge Gear to imprisonment at hard
labor for five years.
JOHNSON RELEASED.
Enoch johnson is not going to be
tried on the charge of gross cheat. for
which he was indicted February %,
1904 Having been convicted last term
with Jonah Kumalae of conspiracy in
connection with the Legislature graft,
on the same facts as those of this
Indictment. Johnson has been released
from prosecution for gross cheat.
EXEUNT WRIGHT.
William Harrison Wright's name is
no longer decorating the calendar of the
First Circuit Court. An Indictment was
presented against him November IS,
1902, for '.embezzlement by Treasurer of
Territory of Hawaii of money belong
HiS " Sdlu 1SIIllOIy. NIiSutS ease
forthwith was entered on the calendar
and has since been carried over from
one term to another. Judge Gear at
the opening of the present term ordered
the case stricken from the calendar
1t is said it should never have been
there, as the accused had not been ar
rested. The amount of alleged embez-
element was s17,949s1.
NO SECRET FILE.
In libel case yesterday, P. L. weav-
er as attorney for the libellant filed a
| motion to place the case on the secret
| files. Judge Gear peremptorily denied
the motion, saying that when people got
into divorce proceedings they must ex-
| pect publicity. The husband is the
| complainant in the case. He asks for
divorce on the ground of extreme cruel
| ty, alleging that his wife falsely accus-
ed him of criminal relations and uttered
| her accusations in the presence of
| others. Her conduct caused him great
| distress of mind, impairing his health
| anu uuIllliiS nlIn Tor the proper dis
charge of duty in his employment. The
wife is stated to have gone to Califor-
mia.
LITIGATION PILES Up.
| Appeals have been sent up from Dis
| trict Court judgments as follows:
J IL. @. Middleditch, trustee, VS.. John
| F. Colburn, $69.92 for plaintiff; Middle
ditch vs.. j. W. Cathcart, S251.37 for
! plaintiff; Middleditch VS.. H. T. Mills,
$96.o6 for plaintiff; AIiddleditch VS.. j. G.
Henriques. $242.lS fof plaintiff.
| Lau Ong vs.. Lam Yau So . fnl.