The Hawaiian gazette., 1904-09-23
FRANCA GOES
SCOTT FREE
Lawyers Work Over
time...J0hn' Ena
Wins.
(From wednesday,s AdvertIser.,

| house III Nuuanu Valley. known fami-
liarly as the Hallway House" without
having license to do so, was acquitted
by jury late yesterday afternoon.
The trial OF Franco brought out a
myriad OF objections from both attor-
neys. During the hearing of the testi-
mony OF one Fisher, a witness for the
prosecution, Attorney Dunno for the de-
tense endeavored to tangle him up Fish
er said that he and two sailors had made
up their minds to go up the valley"
They met Captain Harry Flint on Nuu-
anu street and all four hired hack 10
taxi, them up Flint was left at the
brickyards. They went into Francois
place, and one OF the sailors handed
Franco half dollar for which they re-
ceived couple of bottles of beer.
Fisher says he also bought a bottle of
beer for the hack driver. Shortly after
this the door was opened and Captain
Flint entered and placed Franco under
arrest.
Fisher said that Flint asked Franco
II he had received any money and that
the defendant took out half dollar and
turned it over to Flint The half dollar
was claimed by the prosecution to have
been marked On the way down town
Franco is said to have remarked: You
caught me this time but you won't get
me again"
The attorneys haggled over testimony
alleged to have been offered by Police
Captain Flint in the police court Mr..
ProsSer for the government said no testi-
mony had so been offered, and the best
evidence was the record of the police
court, which he offered Mr.. Dunno then
| remarked:
"Who is the stenographer in the po-
lice court -
! This caused a smile. as it is we'll
known that the one principal thing lack
ing in the police court is stenographer,
'The idea of filing that thing" said
Mr. Dunno pointing to the police record,
that doesn't contain full record and
can't be called a record"
BAIL TOO HIGH. #
Heavy fines imposed on various de-
PENDANTS in Judge Gears court yester-
day morning brought out chorus of
protests from their attorneys. The sunni
OF $4,000 was mentioned as the amount
under which one OF Bitting's che ia
clients was to be held. Judge Gear
called attention to the law on the sub
ject which had guided him in fixing the
bail. Attorney Watson felt also that it
was piling it on too heavily to ask his
| client to put Zip $1,000 or $1,000 bond
Relief came when Deputy Attorney
| General Prosser suggested that $500 for
each client would satisfy his department.
| His Honor was satisfied and evidently
the attorneys felt relieved.
YESTERDAYS INDICTMENTS.
The following indictments were trans
ferred yesterday from the secret to the
open file, the defendants having all been
arrested:
Territory vs. Makamoto, selling liquor
without a license.
Joe Capernio Haniela, robbery in the.
second degree.
Matsamuda, needless driving.
Pang Kau, assault and battery.
| Akana, Akeona and Hamada. sep
arate cases, having che ia tickets in
possession.
JOHN ENA WINS.
The jury in the damage suit of John
Ena VS.. Honolulu Investment Co., rem
dered a directed verdict yesterday to
Judge Robinson in favor OF the plaintiff
as follows: Damages, SASS; interest,
$So5; costs, StoS5; total, $4,000.
MORE TROUBLE FOR BECKY.
Judge Gear yesterday appointed E. A.
| Douthitt as master in investigating the
final accounts OF ]. Alfred Magoon, as
| guardian of the estate OF Rebecca Panee
| Humeku.
| DISTRESS AMONG LAWYERS.
Judge Gears penchant for going with
out his lunch in order TO whet up his
appetite for dinner is again causing dis
tress among attorneys, court attendants
and witnesses. Yesterday, after a jury
| tool raraSs for tho r,opDtiie the Iudpf
called number of cases and partially
tried one. The clerk finally had to call
in a substitute in order that he might
succor the inner man before the after
noon session, while the bailiff and others
patronized a Japanese pushcart in
which buns are pedded. However, the
JUDGE clears up his calendar to some
extent by working overtime, indicating
that under the circumstances there is
good in evil.
Stipulation between opposing attor-
news in the case OF w. o. Smith, trus-
tee, VS. Pacific Heights Railway Co.,
gives respondent, Sister Albertina (also
known as Ellen Polyblank) as trustee
for Stella G, Cockett. five days from
September 20 in which to answer.
Fukuda, found guilty in the Circuit
Court OF receiving stolen goods, was
| sentenced 20 imprisonment Tor two days
and to pay fine OF $3.50.
Attorneys for both parties in the ac-,
ton OF Emmeluth & Co. VS., Kaplolani
/ Estate, Ltd, have filed stipulation
waving a jury and agreeing to a trial
on October %, 1904
The attorneys in the case Of J. Freitas
VS.. d. Kawananakoa and Jonah Ka-
lainanaole have filed a stipulation where
in the defendants may have until Ocio-
ber 10 in which 10 presen, their bill OF
exceptions.
Defendant in the action a r c. A.
Peterson vs. X. ~ Halsiead has filed
denial 10 plaintiffs declaration
Rubenstein Of the firm of tina, name,
has filed an approved bond IN the sum
~ s2ooo With Cecil Brown as surety In
the action brought by Ruhenstein v.
II s loekield A Co. % sniOln the laiien
; from dlsposInR n ~ dealing in a esg-
tain brand q iobsee1