The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-11-17
inc areurnent to the jury for the pros

! ing argument to the jury for the pros
| ecution
fudge Gear then, without hearing a
closing argument for the defense. di-
rected the jury TO acquit he defendants
IN the ground that the prosecution had
no+ called the foreman of the grand
turv to give evidence as to that body 5
knowledge of the real names of the
defendants.
A good fortnight of court days went
for nothing in this trial, which goes
for a miscarriage of Justice one way
ar another. Mr.. Prosser. however, aft
or the trial admitted that the court
ruling was correct.
THE CUMMINS CASE.
Joseph o. Carter has filed a demurrer
in the suit of John A. Cumnins VS..
Joseph o. Carter, trustee, and others.
Ne sets I'D laches on the part of plain
riff and denies the constitutionality of
the laws of Hawaii giving jurisdiction
TO a circuit judge at chambers to hear
the cause. 1t is also represented that
the allegations of the complaint do not
show that the trust deed the plaintiff
wishes Cancelled was not his free and
voluntary act. Further, that it APP
pears that said plaintiff chose to rely
on the Judgment of this defendant
rather than his own as regards the
contents of said trust deed,'' and that
said plaintiff was guilty of laches in
not ascertaining the contents of said
trust deed for himself.
DEFAULTING CLERKS BOND.
Edward Vivian Richardson has en-
tered a demurrer to the complaint of
G. S. Holloway, Superintendent OF
Public Works, the grounds being in
part as follows: That on July /. 1901,
the Superintendent of Public Works
had no lawful power to appoint him
as clerk in the Bureau of Water Works,
nor to take from him bond. and that
the bond taken from him is null and
void. That he, Richardson, had no
power or authority by law, acting as
clerk mentioned, to collect money for
the Territory of Hawaii, and that he
was under no legal duty to pay over
to the Urea surer of the Territory any
money so collected by him. That the
amended complaint is uninte1ligible in
falling to set out the duties of the
clerk of the Bureau of Water Works.
In the same case Henry Waterhouse
Trust CO., Ltd, administrator of the
estate of w. H. Cornwel1, deceased,
demurs to the complaint. saying it is
uncertain in not setting forth what liza
biIity, if any, was incurred by w. H.
Cornwell prior to his death, and suit
was not brought against this defend
after it's rejection.
COURT NOTES.
Araki, defended by F. E. Thompson,
will be put on trial before Judge Gear
this morning for assault with a dan
gerous weapon.
Judge Robinson sustained the de-
murrer to the amended complaint of
Wong 10y ct al. VS.. Hoffschlaeger &
Co. and A. NJ. Brown, with 1eaye to
amend within ten days. S. H. Derby
for plaintiffs; W. W. Thayer for de-
PENDANTS
Judge Robinson's jury has been ex-
cused until notified. Arthur tombstone
is individually excused from the jury
until further notice.
The late S. E. Damon's will was adj
mitted to probate yesterday by Judge De
Bolt, and letters testamentary ordered
" ISSUE " SCA II u0C O11HOil, WluOW VI
deceased, without bonds. A. +. Brock,
]. M. Makinnon and j. A Thompson
were appointed as appraisers OF the
estate
Judge De Bolt made an order that
the clerk of his court pay to William
r. Castle the sum of $3.50 taxes paid
by him upon the property involved in
the partition suit of N. L. Scott ct al.
VS.. E. w. Pilipo ct al.
Return of summons has been made
in an assumpsit suit brought by Hen
ry May & Co., Ltd, VS.. ]. K. Kalanf-
anaole for $465.35 for goods sold and
delivered
Judge Weaver has referred the petit |
ton of Peter c. Jones, Limited. for
title in the Land Registration Court to
]. M. Monsarrat as examiner.
John Emmeluth VS.. Mary E. Foster,
was heard jury waived by
Judge De Bolt yesterday.
Thompson & Clemens for plaintiff
give notice of motion before Judge De
Bolt next Monday to set for hearing
the suit of Hawaiian Hardware Co.,
Ltd, VS.. Koolau Kaihanahaole, de-
PENDANT, and Allen & Robinson, Ltd,
garnishee.
Jennie Hilton petitions that letters
of administration be issued to P. E. r.
Strauch. upon the estate of her late
husband, James S. Hilton. which con-
sists of a right of purchase Ieasehold
at Olaa valued at $500