The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-09-23

INDICTMENTS
IN DANGER
Mr.. Cathcart has
Discovered a
Flaw.
oFrom Thursdays Advcrtiser.)

]. w Cathcart then argued a motion TO
quash the indictment. Deputy Attorney
General NJ. i. Prosser replying, and the
matter was continued until $3.50 this
morning
Mr.. Caihcart's motion TO quash is on
the ground that the indictment purports
to have been brought by the grand
Jury Of the Territory OF Hawaii" in
stead Of the grand jury of the First
Judicial Circuit" etc. II the motion be
granted it will spoil all the indictments
of the present grand jury.
PLEAS OF GUILTY.
Akoon was arraigned for larceny in
the second degree. He pleaded guilty
and sentence was continued until Fri
day morning. 1t transpired that he had
already worked out half his time in
prison under six months sentence in
the Honolulu District Court for the
same offense as that for which he is
now indicted.
Fugimoto pleaded guilty to indictment
question he asked for light sentence
saying he had wife to support. Sent
ence was continued until this morning
OTHER ARRANGEMENTS.
]. Borges and Tom Larkn, arraigned
for burglary in the first degree, pleaded
not guilty and will be tried i'll their
turn.
Chong Lun and three others, indicted
for riot, were allowed to reserve their
pleas one week.
Joe Caspino and kanela, indicted for
robbery in the second degree, and Mari
moto, for the same offense, respectively,
had pleas reserved. Morimoto is charged
with holding up Chinaman and with
threats of violence compelling him to
deliver the sum of $I2.Io.
THE GARNISHEE LAW.
Judge De Bolt rendered an opinion
yesterday maintaining the constitution
ality OF the law PROVIDING for the
garnishment OF salaries of Government
benehciaries. 1t is in the case of All
Hing VS.. All On, where the plaintiff OBJ
tanned judgment against the defendant
for 500 and costs in suit for false ar
rest. he court says
Defendant Government beneficiary,
to-wit: police officer, admits that he
owes the plaintiff the amount sued for,
to-wit: $I54,35 with interest thereon
from June o7. Ioo3 but he contends that
hands OF the Auditor cannot be main
tanned because Act So. Laws of
1908, is unconstitutional in that
it is class legislation and con-
trary to public policy In my opinion
the point is not we'll taken. Judgment,
therefore, may be entered as prayed
for"
KALANIANAOLE WINS.
Judge Robinson gave judgment for
defendant with costs, jury having been
waived, in the case OF H. G. Middle
ditch. trustee. VS.. ]. Kalanianaole. Plain
tiff appeared in person, and c. w. Ash
ford for defendant. Middleditch claim
ed to have succeeded the Henry Water
house Trust Co., Ltd, as trustee in
bankruptcy of the c. +. Herrick Car
riage Co, Ltd. and in that capacity be-
came plaintiff in this case. The suit was
on a promissory note for $5IS and de-
PENDANTS answer was a general denial.
Plaintiff failed to prove his election as
trustee and defendants objection to a
continuance was sustained. An oppor-
tunity to take nonsuit was passed by
plaintiff and the court granted the mo-
ton OF defendant for judgment
LITTLE JOKER" SUIT.
In the Little Joker" tobacco SUIT the
defendant, H. Hackfeld & Co., Ltd, files
a motion that the court order Isidor
Rubinstein, plaintiff, to answer an aft
-aavit stating what documents he has in
his possession or power relating to the
matters in dispute, and what he knows
as to the custody of said documents, and
whether he objects to such production,
and If SO on what grounds. Also, an
order IS requested to compel the plain |
tiff to allow the defendant to inspect all |
documents i'll the custody or under the |
control OF Rubinstein relating to the suit |
An affidavit OF ]. Humbug, one OF the |
directors OF defendant corporation, |
shows what documents are wanted,
being;
ANY documents from the manufac-
turers of the brand OF tobacco known as
Little Joker or from any other party to
Hyman Brothers or to Isidor Rubin
stein, assigning or assuming to assign
the exclusive or any right to sell or
otherwise dispose of said brand of to-
bacco within said Territory OF Hawaii
or any part or portion thereof, Also
any documents from Hyman Brothers to
lsidor Rubinstein assigning or assum-
ing to assign the exclusive or any right
to vend or otherwise sell or dispose OF
said brand of tobacco within said Terri
tory OF Hawaii or any part or portion
thereof"
Judge Gear in this case issued a tenn
porary injunction restraining the de-
PENDANT from dealing in Little Joker"
tobacco pending determination of the
suit.
FISHERY CASES.
II is stipulated between Ballou &
Marx for plaintiff and Lorrin Andrews
for defendant that the action OF Samuel
NJ. Damon 10 establish a fishing right in
Moanalua fishery shall be tried by the
court without a Jury and that il shall
be submitted TO the court on the record