The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-06-10
DEMURRER
0VERRULED
Tesla Next Moves
To Quash the
Writ.

Judge De Bolt yesterday morning
oyerruled the demurrer of +. j. Tesla
to his indictment for criminal libel
Counsel forthwith entered another mo-
ton to quash the indictment on a diff
ferent ground from the former one
which was overruled before the enter
ing of demurrer Now they took their
stand on Judge De Bolts own decision
in the Pang Chong case, where he
quashed the indictment on the plea OF
jurisdiction. Mr.. Magoon for defendant
in that case presented the plea, quoting
from the Civil Laws to show that the
district courts have exclusive original
jurisdiction in all matters given to them
by law. This argument was not sue
cessfully met on the part of the Terri
tory, hence the court gave the deci-
sion in favor of the defendant.
1t appears that the Criminal Laws
formerly also gave exclusive Jurisdic-
ton to the district magistrates of all
criminal matters wherein it was not
necessary that indictments should be
found When necessarily indictable Of
lenses came before them, the district
magistrates could go no further than to
commit the defendants to a circuit court
for trial. This was law until 1901, when
the Legislature took out the exclusive
jurisdiction" provision.
Court and counsel in the Pang Chong
case overlooked the amendment of 1901.
Judge De Bolt, before reserving his rul-
ing on the motion to quash the Tesla
Indictment yesterday, had his attention
called to the 1901 amendment by Dep
uty Attorney General w. S. Fleming,
also by P. Danson Kellett, Jr., clerk,
who has a copy of the Criminal Laws
annotated with references to amend
ments to date. In promising decision
next morning, today, Judge De Bolt
stated that if the court found itself
wrong in the Pang Chong ruling it
would reverse itself.
Criminal libel may be necessarily in
dictable as a crime or otherwise as
misdemeanor according to the degree
of the offense. 1t is of two degrees in
the statute. For the first degree the
penalty may be imprisonment for not
more than one year or fine of not
more than $1,000 To work out fine of
that amount in default of payment
would require Imprisonment for more
than one year unless avoided by the
poor mans oath. According to an I'M
reversed decision of Judge Gear, how
ever, any offense that involves impris-
onment in a penal institution requires
the Indictment of the accused.
DECISION ON MORTGAGE.
Judge De Bolt yesterday rendered
decision in the case of A. Lidgate, petit
TONER VS.. Honolulu Clay Co., Ltd, bill
for foreclosure of mortgage. The only
point in dispute was as to whether a
gasoline engine upon the mortgaged
premises was included in the mort
gage. which was executed by the de-
PENDANT to the plaintiff to secure the
sum Oh ten lilOuSdllu uolidlS, WIN IN
terest from March 10, 1902, until paid,
at s per cent. per annum.
1t is held by the court that the gaso-
line engine was fixture, but even II
not that it was included in the mort
gage by its terms as follows: with all
the rights, privileges and appurtenancei
thereto belonging, with the buildings,
machinery and appliances thereon
The prayer for foreclosure is granted
and james F. Morgan appointed as
commissioner of sale.
LEFT WIFE ALL.
Lum See, widow of Lai Say, petitions
for probate of the will of her husband
which leaves the entire estate to her
self. The estate consists of a lot and
building in Achi lane valued at $2400,
and household furniture at 500. Lai
Say left, besides a wife, five sons and
three daughters ranging in age from IL
years down TO one year old.
LENGTHY RECORD.
Defendants in Territory VS.. Cotton
Bros. & Co., by their attorney Alfred
$. Hartwel, file motion that their
time be extended for tiling a further
bill of exceptions until ten days from
date of Ming transcript OF record
Stenographer Mcmahon estimates that
the transcript, on which he Is work.
Ing, viii make about 300 pages of tyne
writing
ANOTHER WIRELESS JUDGMENT
Judge Robinson rendered judgment
yesterday ln tho second case of Llllur
okalani Ys, lnler-lslhnd telegraph Con
LID Tor ilhu dnmasrHl llNis mlrf,st
ana eosls of fiibh. maklnH "a tplul ~
SiAl03 that the plantiH rpuNeT pl ihr