The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-06-17
CARN|SHEE
Law VOID
So Commended by
Judge Philip
Weaver.
(From Thursdays Advertiser.)

END OF MS nSnt against DelHB tTieu
under his indictment for criminal libel.
Judge De Bolt having denied defend
ants second motion to Quash the in
dictment, defendant put himself on the
trial jury by pleading not guilty. Be-
tween Testa's two motions to quash,
a demurrer had been presented and
overruled. A former indictment was
quashed on the ground that the grand
jury was illegally constituted and that
body then being reconstructed found a
new Indictment which, after sustain
tanning a series Of attacks. Is found
valid.
RICHARDSON RELEASED.
Edward Vivian Richardson, formerly
clerk of Honolulu Water Works, had
all five indictments against him for
embezzlement of public money dropped
yesterday. w. S. Fleming for the Ter
ritory asked for nolle proseaui in
each case, which was granted. The
reason for this proceeding was the in
competency of the grand jury that in
vestigated the cases, as found by
Judge De Bolt in another case return
ed by the same body. Richardson will
be brought before the reconstructed
grand jury.
MOTLEY CONTESTANTS PERSIST.
In the matter OF the controversy
over the will of Charles Motley, q sec
'ond motion for rehearing has been filed
by Kinney, McClanahan & Cooper,
counsel for contestants. The Supreme
Court, in it's decision overruling the
first motion for rehearing, maintain
ed that the reference in it's original
opinion to the necessity for clear and
convincing evidence Of undue influence
was not relied upon by the Court in
determining that the trial judge prop
erly directed the jury to return a YER
part of the decision on rehearng, it is
alleged, has come and rightly come
as surprise to contestants counsel"
They say they were led to believe
from the language of the main deci-
sion that the trial judge was sustain
ed upon the proposition that where
a will is sought to be set aside on the
the ground of undue influence and the
proofs of such undue influence are cir
cumstantial and not direct, the evil
dence must be clear and convincing
or the court will be justified in re-
fusing to allow the case to go to the
jury"
Since the appellate court says that
was not the controlling point with it,
counsel for contestants now desire to
be heard on the finding of the Supreme
Court that there was no evidence OF
a general controlling influence by EN-
ma Danford over decedent." They
claim: That the reference by the
Court in its original opinion to the
necessity of clear and convincing evil
dence was such, and couched in such
language that contestants are entirely
excusable for having framed their first
motion for rehearing on that theory
and for having concentrated their eff
forts thereon"
They except to the Courts finding,
for the first time it passed thereupon
as they claim, upon the issue whether
or not there was any evidence of a
general controlling influence by EN-
ma Danford over decedent." They
ask for a rehearing upon that point,
ION the ground that such finding by
the Court is a palpable error and a
grievous wrong to these contestants"
Finally: Contestants ask further
for a rehearing of the decision by the
Supreme Court to the effect that mo-
ton for rehearing should not be made
or entertained IL made merely with
the hope that by reargument upon
the same issue the mind of the Court
may be changed. Such decision of the
Court being contrary TO controlling de-
cisions on that point and not having
been raised or argued at the hearing
of contestants first motion for a re-
hearing"
w j, Glenn was tried and found
guilty, before Judge De Bolt yester-
day, for assault with a deadly weapon
upon Frank Bush, Glenn and Bush
We're bluejaekets OF the u, $, training
ship Adams, While ashore on liberty
they quarreled AZ iwlei, when Glenn
wounded Bush with knife, The court
sentenced tho defendant % imprlson-
ment az hard labor for three months
ana payment ~ rnsiH N y prnsser
appeared for the reTrllory ana > h.
rhlllingNorh for lhe defendant The
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