The Hawaiian gazette., 1904-10-28

THE FIGHT
FOR NAONE
Ills Lawyer Takes
Another
Tack.
trrom Thursdays Advertiser,

(From Thursdays Advertlser.l
Judge Gear. in an oral decision. over
ruled the plea In abatement and de-
MED the motion TO quash the indict-
ment OF Philip II. Naone. charged with
numbering his wife.
J. j. Dunno, counsel for defendant,
noted exceptions to the courts ruling
and then entered q demurrer TO the
indictment. This was argued forth
with, Deputy Attorney General Prosser
contrary, and the decision reserved I'M
I'll today.
The grounds of demurrer are largely
similar to those OF the plea in abate-
ment. 1t Is declared that no offense
against any law OF the Territory Of
Hawaii is charged and that the in
dictment IL uncertain and insufficient
because It does not fully or fairly ap-
prise the defendant of the ofrense with
which It is sought TO charge him. Then
II Is declared that the indictment pur-
ports to charge the defendant with two
murders in the first degree. Finally,
1t Is said not to appear from the In
dictment that the grand Jurors were
ever charged by any court as required
by statute, and that it nowhere ap-
pears when, II at all, the grand Jurors
were empaneled or sworn, or that they
were either empaneled or sworn for
or at the term OF court In the indict-
ment referred to.
GENEAU'S CASE.
The motion OF Mr.. Douthitt for con-
tinuance of the case of Geneau charg-
ed with the murder OF Ulysses S. Har-
ris, was continued until today.
Mr.. Prosser filed an affidavit In OPP
position to defendants motion for con-
tinuance. Mentioning the motion as
based on the absence of two material
witnesses for the defendant, the Depu-
ty Attorney General goes on to say in
effect:
That the Territory, at considerable
expense and great Inconvenience, has
caused to be detained in Honolulu
since July 5, 1904, John Edward Riley,
w. C. Howard and Amos Kinnard,
all witnesses on behalf OF the prose-
cution, and that their testimony is so
material that 1t would be impossible
without their testimony successfully to
attempt trial of the case. That these
witnesses are all enlisted men in the
u. S. Navy and are being held in Ho-
nolulu on extra pay, at the request OF
the Attorney Generals department, by
the commander of the Honolulu naval
station. That such detention Is great
hardship upon these witnesses. two of
whom are now entitled to their dis
charge, and should the court permit
continuance of the case "A much greater
hardship will be entailed upon the
men.
Finally, THAT In the event of said
witnesses above named leaving the
of this court 1t would be
impossible to obtain their testimony
upon the trial of this cause, endanger-
ing the interests of the Territory of
Hawaii herein and rendering 1t well
nigh impossible If not absolutely inn
possible, to secure n conviction here
in"
MAHAULU MUST APPEAR.
When the case of Stephen Mahaulu,
with embeZZlement of Land
office moneys while he was chief clerk,
was called yesterday morning for dis
posal of the question of continuance,
he defendant was neither present nor
by counsel. AS previously
exported, William r. Rawlins retired
Is Mahaulu's counsel on taking the Of
Ice of Deputy High Sheriff. Judge
lear made an order for defendants
appearance this morning, i'm default of
which a bench warrant to bring him
nto court will be issued.
CHILD WITNESS CHALLENGED.
4 ., t,in yn, hat
cry proceeded yesterday before Judge
lear. Il. A. Douthitt prosecuted, A. G.
I. Robertson defending. The follow
lg jury is empaneled: +. II. Arm
trong, James Brown, II. =. Kaohi, II.
arl, j. j. Das, G.. ID. Malone, A. C.
'owsett, Il. Benner, w. C. Wilder j.
/. Lawelawe, C. j. Stone and II. p.
10Th.
Mr.. Robertson, about 4 p. m, object
d to the testifying of Akiu, the chief
witness, a little Chinese girl on the
that she did not understand
he nature of an oath and did not know
he purpose of her appearing in court.
from her answers he said that she
bought she was herself being tried.
Mr. Douthtt contended that the
hid had answered intellgently until
by questions, having said she
'as there TO tell the truth about the
Judge Gear reserved his ruling and
the trial until this morning.
EJECTMENT TRIAL.
Alyina S. Conradt vs.. LilluokalanI
ectment, II on trial before Judge Rob-
lson. A. r. Judd ana r.. A, Mott
NTH for plalntln; A, A, Wilder for
.fendant The following jury Is try
X the case; J, J. sullivan, II. Il. Benz
N. Lewis g. King, Harry A, Wilder,
lmes Armstrong, James Mott Jr,
atHck Ryan, Hiram Kaaha, l. Bray,
srcy Llshmnn. sam, ~ Kamakau ana
fthur l.. soule.
MRS. BRENIg's WILL.