The Hawaiian gazette., 1904-10-07

| contact With either the head or
shoulder ~ the Porto Hlcnn. The fns We.
fuent he made was like the gesture
nf command
To Jurors taking q hand IN cross-ex-
animation. sullivan said the Porto
iiican came az Damon with n rush. He
could not tell whether Dsmon's hand
was open or closed. 1t was very dark
ana the whole trouble might have been
not more than two minutes. or even
one minute.
Counsel for the defense objected
strongly 20 certain questions by Jurors,
Mr.. Davis concluding one OF his pro-
tests by exclaiming. That's the limit
Judge Gear allowed some of thu ques-
tlons, however. and as 10 others not
strictly admissible from the jury took
the undisputed authority OF the court
to put the questions.
7. Ozawa, called. gave practically the
same story as Sullivan's one excep-
tion was that he had not caught the
words between Damon and the Porto
Rican. At the time Of the final dis
pute, witness was engaged In holding
back his dog. Mr.. Davis made repeat
ed attempts to get the witness to say
that there was quarrel, but the fur
thest Ozawa would go was to say that
there was talk in loud tones. He re-
fused to say even that the parties were
talking angrily." Ozawa was dismiss
ed at 12:45, when recess was taken un-
til 2 d. m.
Detective McDuffie was called after
is,,,
er he identified the dagger as that
which he had found about 100 feet from
the scene of the stabbing, over the ad-
missibility of his evidence of Miriam
da's admission to him in Oahu Prison,
voluntarily, that the dagger belonged
to him. Judge Gear finally admittec
the evidence. Evidence of a robbery
committed by Miranda, for which the
police were seeking his arrest all day
before the murder, was after a strenu-
Gus argument ordered stricken out.
The Chinese driver for Damon Depu-
ty Sheriff Chillingworth and Chito were
called and examined. The blind boy"
Chito, testified of orders given by Mir
anda the day of the murder to carry
stones with which to hit any China
man whom they might meet This un-
der objection was ordered stricken out.
The woman Collona, as last witness
for the prosecution, will be called this
morning.
BOYD'S TRIAL DEFERRED.
Judge Robinson yesterday continued
the trial of f. S. Boyd for embezzling
public money while Commissioner of
Public Lands, at the request of the
Attorney General, until after the con-
clusion of the Miranda murder trial be-
fore Judge Gear S. f. Chillingworth,
attorney for defendant, entered objec-
tions to continuance.
CIVIL JURY SHORT
Kwong Lee Yuen Co. VS.. Alliance In
Judge De Bolt yesterday. The jury
panel became exhausted and special
venire with 26 names was issued, re-
turnable at 10 o'clock this mornmh.
Ballou e Marx for plaintiff; l.. A.
Thurston and Robertson & Wilder for
defendant.
FORECLOSURE APPEAL.
w. c. Achi and w. r. Castle by Cas-
tie e. Wilmington, their attorneys, and
kapiolani Estate, Ltd, by c. w. Ash
ford, its attorney, in the case of H.
Hackfeld Co., Ltd, VS.. w. C. Achi ana
others, have appealed to the Supreme
Court from the order of Judge Robin
son providing that the sale of the prop
erty under foreclosure shall proceed.
Notwithstanding the appeal of these de-
PENDANTS from the decree, unless these
defendants shall give security in the
sum of $2000
COURT NOTES.
Olaa Sugar Co., Ltd, by its pres,-
dent, l.. A. Thurston, answers the bill
of First National Bank of Hawaii ct
al VS.. Puma Sugar Co., Ltd, ct al,
saying that, without confessing all of
the allegations, this defendant consents
to decree appointing a receiver of the
property mentioned in the deed of
trust.
Judge De Bolt yesterday overruled
the demurrer of defendants in the suit
| of j. II. Schnack VS.. Mary ]. Mon
| tano and husband, an action to recover
| a real estate agents commission.
| Robert John Cochran answers the
ran, denying all statements given as
cause for divorce,
Judge Robinson approved the ac-
| counts and granted the discharge of
Virginia Comes, executriX of the will
of Francisco Comes Capicha.
/