The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-04-07

3. Jurors Kidwen and Cook stated
some of the difficulties to the court,
/ which then instructed the jury more
particularly as to the weighing of evil
dence. When discharging the jury with
I thanks after their. verdict, Judge De
Bolt added, Always bear in mind.
gentlemen, there's no such word as
fall
/ Messrs. Biting and Brooks gave no
tice of motion for a new trial. the
former saying his reading Of the law
was that this motion should be argued
before sentence was pronounced. Mr..
Fleming for the Territory differed from
/ him and Judge De Bolt said such a
thing was not according to the practice
here. However, by consent sentence
was deferred and the motion set for
hearing at a. m. Monday.
MAXIMUM SENTENCE.
Osumi. who pleaded guilty to man
slaughter in the first degree under his
| Indictment for murder in the first de-
gree, was sentenced by Judge De Bolt
to be imprisoned at. hard labor for the
term of twenty years This is the full
limit of the law. The prisoner killed
a woman with big knife in the dis
trict of Koolauloa last September
NOT PROSECUTED
w. S. Fleming asked for noIle
prosequi. which was granted, on be-
half of Y. Amin. Young Tuck, T. Dong
Wong and Chin PUG, indicted for
maintaining and conducting a lottery.
OTHER THINGS.
Judge Gear is still trying Mr.. BalIou's
injunction suit against Mutual Tele-
phone Co.
Before Judge Robinson, in the Pacific
Heights foreclosure injunction case,
Mr.. Lightfoot took practically the
whole day arguing for Mr.. Booths
motion to dissolve the temporary in
junction obtained by Mr.. Desky.
MOTLEY WILL CONTEST.
Kinney, Mechanism & Cooper and
IT.. j. Dunno; attorneys for contestants
in the matter of the will of Charles
Motley, have filed in the Supreme Court
a motion for rehearing and reargument.
1t sets forth that the court overlooked
points submitted, that its decision is in
conflict both with an express statute
and controlling decisions of the court,
and was based mainly on point not
raised in the bill of exceptions. It is
even asserted that the decision is in
conflict with the law accepted by the
court in this cause
ANOTHER ABATEMENT PLEA
David Kawananakoa, Jonah Kalani-
anaoIe and John F. Colburn by their
attorneys, C.. w. Ashford and Ella A.
c. Long, enter a plea in abatement as
defendants in the suit of w. II. Pain
vs.. Paul Muhlendorf, ct al, similar to
the pleas entered by other defendants
namely, that the issues are already
pending in the suit of Hasson VS.. Pain
and others.
PROBATE MATTERS.
Father II. Valentin. executor of the
viii of Margaret Moorhead, has fled
an inventory showing cash $625 and an
undetermined interest in a certain
mortgage
Charlotte d. King, mother of deceas-
ed, petitions for letters of administra-
ton to w. G. Crook, Jr., on the estate
of James King, deceased, which she
represents as of the value. of about
$1,000 in the hands of Jos. Lightfoot.
DIVORCE
Judge Gear granted a divorce to
Charlotte Bertha Spencer against
James o. Spencer on the ground of
desertion since January, 1903. Alimony
was waived by the libellant and the
custody Of the two children, boys of
4 and years of age, was awarded to
her with permission to the father TO
see them at reasonable times. A. A.
Wilder for liEeIant; C. r. Peterson for
1ibellee.