The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-09-14
samuel Nowiein. Norman Watkins.
Percy Lishnan, I. Bray.

Hercy LiSlHidL1,
FREEDOM WAS sHoRTLIvED.
Hayashida, the alleged waialua MUIR
derer. enjoyed a brief bit of freedom
yesterday morning. 1t was very brief,
for after he had walked out of Judge
Gears courtroom on the order OF
nolle prosequi entered by the court.
the bewildered man wandered slowly
down the stalls and into the waiting
arms of police officer Shortly after
ward Chester Doyle of the Attorney
Generals Department, came over from
the Capitol with a new warrant for
his arrest.
When the court was convened yes
terday morning, with the jury present.
NJ. F. Prosser for the Territory moved
that nolle prosequi be entered
against the prisoner as owing to
typogra phical error in the indictment
the murder was alleged to have been
committed at Waipahu, Oahu, instead
of at Waialua, Oahu. The order was
granted: Mr.. Cathcart for the defense
asked that the judge explain to the
prisoner that he should not raise his
hopes too high. The judge said that
was not necessary.
The new indictment charges Haya-
shida with committing murder at Wal
alua. The case was continued until
Thursday and the trial jurors were ex-
cused until that time.
SUPREME COURT DENIES.
Decision in the matter of the Ha-
waiian Commercial and Sugar Compa-
ny VS.. Wailuku Sugar Company was
rendered yesterday by the Supreme
Court, wherein the motion for re-
hearing, asked by the defendant COM
pany was denied. The text of the de-
cision is signed by Chief Justice Frear
and Circuit Judge Matthewman, sit
ting in place of Justice HartwelI, Cir
cult Judge Robinson for Justice Hatch,
concurring. In its syllabus the court
says: "a raotion for a rehearing based
on the ground that the court erred in
holding prescription rights We're in
tended in those decisions to include all
appurtenant rights and that it other
wise failed to follow those decisions. is
denied-the contentious not being sus-
tanned by the decisions"
Fourteen grounds were set forth in
the motion for a rehearing.
Judge Robinson in a concurring opin-
ion says:
AS, in my judgment, this court, in
it's decision of the case at bar (15 Haw.
675) not only did not overlook any, but,
without exception, fully considered all
of the mtny points raised by counsel
for respondent in its petition for re-
hearing, / concur in the order denying
respondents motion for rehearing. I
also concur in what is contained in the
opinion of the Chief Justice in refer
ence to the meaning ana Ascope of the
term "prascriptive rights" as used and
employed in both the Lonoaea and
plea in bar" decisions.
DEFENDANTS ABSENT.
Return of summons in the action of
John A. Cunlmins VS.. j. o. Carter, ct
al, bill for cancellation of trust deed,
has been made by Deputy Sheriff Nc
Gurn. John T. Walker and Flora
Hiram. two of the defendants could
not be served as they are now resi-
ents respectively of the Mainland of
the United States and Japan, but GER
titled copes We're left at their former
residences in Honolulu, with relatives.
THE HIGHWAY CASE.
In the case of the Territory VS.. Will
liam McCandless, bill to restrain OBJ
struction of highway (extending from
King street to the rice mill of Y.
Ahin) Judge De Bolt yesterday over
ruled the demurrer of respondent that
the allegations are insufficient, 'inas-
much as the manner whereby the al
legged highway was established is not
set FORTH and gives respondent five
days in which to answer.
MRS. WARREN DIVORCED.
Judge Gear yesterday granted the
F! libel for divorce brought by Laura
! Warren against H. r. Warren, the al
] legations begin proven. The custody
of the minor child was awarded to the
mother who is to bear the costs of the
:; suit.
COURT NOTES.
Defendant in the case of The ORR
entail Life Insurance Company, Ltd,
VS.. c. Winam, defendant, Bishop &
Co. and the Bank of Hawaii Ltd, gar
nishees, is given ten days in which to
answer the amended complaint.
| Lono Keanini was yesterday granted
a divorce from John Keanini. The
latter is member of the police force.
The former wife alleging him to be
brutal in his conduct toward her.
The case of the Territory VS.. Hagu-
chi on appeal from the District Court
i was moved on the calendar, and on
motion of the Territory was nolle pro-
seQuied
| In the case of Nakamura VS.. Naka-
nlura bill for ma maintenance tho case
was continued until answer is filed.
Confirmation of sale in the case of
/ the First American Savings Bank VS..
Mary j. Montana was made, c. A.
Long presenting the Commissioners
report. The property was a tract in
upper Manoa Valley beyond the Castle
premises. Long moved for the entrance
or deficiency judgment which was