The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-05-20
TERR|T0RY'S
CASE FAILS
Tesla indictment Is
Confessed
NuIIity.

ZION 10 QudSn MS mClCtment LOT
criminal libel having been granted.
Deputy Attorney General Peters, when
the motion came UP for argument,
stated that the Territory confessed
the part of the plea in abatement
which relaxed to Grand Juror Ed
wards The court at once granted the
prayer OF the motion and ordered the
defendant discharged.
Attorneys Stewart and Long chal-
jury to bring any indictment against
the defendant
Mr.. Peters said he did not confess
all OF the allegations in the plea as
to Edwards
Judge De Bolt remarked that he
could not see any right the defendant
might have at that time.
Solomon Meheua's trial for gross
cheat, alleged to have been committed
while he was clerk of the House Of
Representatives last year, was again
postponed yesterday morning. The
cause; this time was the fact that only
10 qualified Jurors We're in attendance.
Attorney General Andrews, who APP
peared for the Territory, expressed a
willingness to proceed to trial with
the twelve men whose names should
first be drawn. c. w. Ashford, for
the defendant, would not so have il.
AS talesmen then required to be sum-
moned, Judge De Bolt continued the
case until Monday.
Meantime Mr.. Ashford has signied
his intention to attack the Indictment,
the discovery having been made that
Henry Hickey was n member of the
grand jury at last term. He is one
Of the grand jurors of the present
term whose right to sit was called
lin question in the Tesla case on ac-
count of his once having pleaded
fguilty to the charge of opium in pos
session and been fined $3.50 and costs
therefor.
Legal opinion appears to be divided
on the question of whether a defend
ant who has pleaded Ito an indictment
can afterward move to have the in
dictment. qunshed.
There is also some discussion of the
question of whether defendants con-
Vlcted and imprisoned under indict-
ments presented by an Illegally cons
stituted grand jury cannot be liber-
ated on habeas corpus proceedings. A
judicial answer in the Affirmative
would set at large some OF the tough
est CRIMINALS ever sentenced in Ha-
wall.
QUESTION OF COSTS.
Isaac Noar, who won his appeal to
the Supreme Court in the partition
suit brought against him by Lee Chew
and others. now appeals from ruling
by Judge Robinson in which the ex-
penditure of $29.S5 for a transcript of
evidence was refused to be taxed as
costs. The ground of refusal was that
the statute did not provide that such
expenditures may be recouped in the
form of assessment as costs in equity
suits at chambers. In making an or
der permitting the appeal, Judge Ro-
'binson says that the points and ques-
tons involved in the statement of APP
peal appear to be OF such Importance
to the court and the profession as TO
render desirable an early decision
thereon by the Supreme Court
DREDGING CASE APPEAL.
Fl. Hackfeld & Co. Ltd. bv its at
torneys. Kinney. Mechanism &
Cooper has filed its bul of exceptions
to Judge De Bolts refusal of n new
trial OF Clark & Heneryes suit against
itself and Castle & Cooke. Ltd. The
bill takes in Judge De Bolts decision
and his various rulings on the case
leading up thereto. Among the
grounds taken to the Supreme Court
are the following;
No proof that plaintiffs, in the ex-
ecution of or entering into, their con
tract relied upon the promise of de-
PENDANT,
No proof OF benefit to II, Haekfela