The Hawaiian gazette., 1904-10-28
BAD MOTIVE
IS ALLEGED
Defensive Theory
In Assault
Case.

theory OF defense is that the prosecu-
tion was instigated by the father OF
the complaining witness, the little girl
Aku from motives of revenge. To
established this theory n fire claim is
introduced. with an alleged fraud by
Akiu's father upon the defendant. G.
w. r. King of the Auditors depart
ment is witness on this phase.
Akiu was permitted to give evidence
for the prosecution after an examina-
ton into her competency. This ques-
ton was pending when the court open
ed yesterday morning. Although the
child attributed divinity to Judge
Gear. when asked about the super
natural, she made it clear that she
knew it was wrong to tell a lie.
TWO MURDER CASES.
e. A. Douthitt. counsel for Geneau,
filed bunch of affidavits yesterday to
support his motion for continuance OF
the trial of the alleged murderer of U.
S. Harris until next term. Three of
them were by witnesses detained by
the prosecution and intended to show
that atlantis did not know anything
about the murder. Deputy Attorney
General Prosser informed the court
that the men had told him the same
thing, but from his examinations of
them he was satisfied they We're valu-
able witnesses for the prosecution. The
matter was taken under Adjustment I'M
til this morning.
Philip Hamanao Naone his demurrer
having been overruled, pleaded not
guilty to the indictment charging him
with the murder of his wife. On Mr..
Prossers asking that the trial be set
for Monday, November Z, ]. j. Dunno
protested against what he called "such
a rush. saying that Attorney General
Andrews had promised him the case
would go to the foot of the calendar.
Mr.. Prosser replied that his instruc-
tons were to push murder cases. The
Attorney General said later that Mr..
Dunno had misunderstood him, as what
he told him was that other cases pre-
ceding Naones would probably be tried
before his case. This matter was also
reserved for decision until today.
VERDICT FOR HALF.
In the ejectment suit of Alvina w.
Conradt against Queen Liliuokalan the
jury in Judge Robinson's court yes
terday afternoon, with but a few min
utes of deiberation, rendered the fol-
lowing verdict:
I'VE the jury in the above entitled
cause find for the plaintiff for the
restitution of an undivided one-half
90 interest in the property described
in the complaint in this action"
Plaintiff claimed absolute ownership
in fee simple to piece of land con-
tanning an area of 1860 square feet at
Waikiki.
LAND DEAL COMMISSION.
Judge De Bolt yesterday tried the
case of r. c. A. Peterson VS.. F. j.
Church and E. l.. Church, with the fol-
lowing jury: e. S. Cunha, Henry Gehr-
ing, @. II. Berrey, NJ. j. Carroll, d. Ka-
ona A. c. Lovellin, Samuel Enrich,
c. II. Clapp, o. H. Walker w. NJ.
Buchanan, Louis Marks and Z. Nor
RE.
The suit was to recover 1915 COM
mission on a sale of real estate for
$500 performed by plaintiff for defend
ants as alleged in the complaint
In the forenoon +. e. Thompson,
counsel for defendants, moved to dis
miss the cause as to Mrs. Church for
reasons taken down by the stenograph-
err, and as to her husband F. J.
Church, for misjoinder of parties.
After argument ID. l.. Wilmington,
counsel for plaintiff, consented to have
the name of f. j. Church stricken from
the record, which the court ordered.
Mr.. Thompson then withdrew his mo-
tion for nonsuit and the trial proceeded
with Mrs. e. l.. Church as sole de-
fanlant IT went n the illrV hDnf 4
p. m.
A verdict. for the plaintiff was re-
turned. 1t had been stipulated between
the parties that the verdict should be
for the amount claimed or nothing.
CONFESSED JUDGMENT.
Judgment by confession was entered
by Judge De Bolt in the sum of $14SZ56,
with interest and the enforcement of a
mechanics lien, in the suit of the River
Mill Co. VS.. Esther X. Goldstein. The
total amount of judgment is S1544.97,
which is made n lien on lots and 6
I'm Kapiolani tract. Mokawa, Honolulu,
containing respectively 1925 square feet
and 1874 square feet, together with
buildings and improvements.
COURT NOTES.
Cases in order for jury trial before
Judge De Bolt today are: T. ii. +. VOL
ter VS.. +. II. Redward. J. w. Pratt VS..
Wong Kwai. J. w. Pratt vs.. j. +. Col
burn and ]. IL. Sohnaek VS.. Mary j.
Montana.
j. NJ. and Alice NJ, Mechesney have
perfected their appeal 10 the supreme
Court from the refusal By Judge Rob
inson OF new trial Of the ejeetment
suit against their tenant j, D. Gaines,
and themselves. IN which verdict ana
Judgment were given In favor Of the
First National Bank Of Hawaii plain
tin.
A 1olnder IN demurrer II entered By
plaintiffs IN the Hull of the Van W"
Tons nrm against iionsehaeger Co.
Ltd, and the High Sheriff damages fof
unlas ful seizure and detention " msis