The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-04-22
TWO JURORS
YET NEEDED
Defense Has One
Challenge Yet
Coming.
(From Thursdays Advertiser.)

| From Thursdays Advertiser.)
At the adjournment of court yester-
day afternoon there were ten jurors
passed for cause in the empaneling of
u jury to try Man Chong for the MUIR
4 der of Policeman Mahelona. The panel
| of jurors was exhausted and another
special venire. the fourth one issued,
was in the hands of the High Sheriff,
calling for twenty-five men and return
able at 10 o'clock this morning. One
challenge remained for the defendant
to exercise, the prosecution having ex-
hausted all of its challenges.
1t is unusual to have less than eleven
men in the box when panel has been
exhausted, because a challenge cannot
be exercised until there are twelve men
| sitting. In this instance. when the
| number had been reduced to eleven by
| n challenge of the defendants, Il. II.
Bath who had passed for cause, asked
to be excused on account of pressure of
business, portion of which was con-
| tract on the reformatory school. Judge
De Bolt excused him but told him II
would be the last time he would excuse
him for that cause.
There are therefore two new jurors
to be passed, without counting on the
exercise of defendants remaining chal-
lenge. The ten men in the box are Jas.
Bicknell, Percy Lishman, c. j. Falk,
Sam. Il. Pierce, Henry Gehring, Jos. J.
Dias. II. r. Macfarlane, Jr., John C.
Lane, Levi X. Nakea, Jas. w. l.. Nc
CURE
THE DREDGING SUIT.
II. Hackfcld & Co., Ltd, by their at
torncys, Kinney, McClanahan & Coop
or, and Castle & Cooke, Ltd, by
their attorneys, Castle & Wilmington,
yesterday filed admissions in the
suit brought against them by Clark &
| Henery to recover the amount of Sub
sidy guaranteed them for dredging Pearl
Harbor by Oahu Sugar Co. and EVA
Plantation Co., of which defendants are
respectively the agents.
They admit that Lieut.. Col. w. II.
Heuer, Corps of Engineers. U. S. Army,
being authorized by the U. S. War De-
partment to arrange by contract for the
dredging of the entrance into Pearl Har-
Dor, advertised for proposals therefor in
the manner shown in exhibits attached.
They further admit that the bid of
Clark & Henery for such dredging was
accepted. and that Clark & Henery on
July 10, 1901, entered into the contract
and performed the contract to the salts
faction and acceptance of the United
States Government.
1t is admitted that the channel was
dredged, as a result of Clark & Henery's
work under the contract to a width
of 200 feet and depth Of 80 feet, and
that Clark & Henery were paid by the
Government for the performance of
their contract.
Defendants admit that Lawrence
Thompson, civil engineer, was the in
spector who inspected said channel and
reported upon its condition after the
completion of said dredging, and pre-
channel which was deposited at the Ma
a blue print copy is attached as an ex-
hibt to the admissions
KONA COMPLICATIONS.
Henry Warehouse Trust Co., Ltd,
and Robert w. Single separately demur
to the complaint CT Robert l.. Colburn
against Clinton J. futchins and them
selves. Castle & Wilmington are their
attorneys The ground of each demur
rer is that the complaint is insufficient in
law
In the same matter stipulation is
filed by the attorneys mentioned above,
c. w. Ashford for plaintiff and Cathcart
& Milverton for Hutchns, SO as to per-
init the defendant Henry Warehouse
Trust COMPANY to pay to Kinney, Nc
Clanahan x Cooper $IIoS.2o, the dam
ages and interest allowed to VIM w.
Bierce, Ltd in its suit against Clinton ].
Hutchins, trustee, for which execution
has been ordered issued by the First Cir
cult Court This stipulation is made
without the waving of any rights, Hut
chns permitting the payment of judg
ment only in pursuance of the eXecu-
ton.
DEATH DAMAGES ASSET.
Judge De Bolt appointed c. X. All
administrator of the estate of Chang
Yce Tong, under bond OF $500. This
is the value of the personal porperty,
besides which the estate consists of
cause of action for the death of de-
ceased by wrongful act OF the Mutual
Telephone Co. and the Honolulu Rapid
Transit and Land Co. Chang Yee Tong
was killed by live wire in mixup of
electrical conductors on King street.
DIVORCE.
Judge De Bolt granted divorce to
G.. NJ, kaona against Rosalia kahou on
the ground Of dcscrton, C. +, Peterson
represented the libellaut, who was also
present in person The deserving wife
made no appearance, either personally or
by counsel
BURNS AND CuTs.-slgh injuries
NJ this character are Of frequent occur