The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-06-21
ALL. SORTS
OF FIGHTS
To Prevent Trials
Of Criminal
Cases.
(From Saturdays Advertiser)

To place Jurisdiction of misdemea
nors on appeal from the District Cour
squarely in the Circuit Court, the At
torney Generals department has a.
dopted the plan of procuring indict'
ments against the defendants and ther
moving the appeals on the calendar
only to enter nolle prosequis in the
appeal cases. Thus n clear scope fof
prosecuting on, the indictments, avoid
ing the constitutional objection to i'm
prisoning subjects without that form
atty, is obtained.
Charles Creighton and Henry Hogan,
attorneys for p. O'Sullivan, and j. j.
Dunno, attorney for A. f. Franco, de-
PENDANTS to breaches of the liquor laws,
raised strenuous objections to the new
tactics of the prosecution yesterday
morning. Messrs. Creighton and Ho-
gan did the chief talking, at times in
duet. They claimed that the defend
ant, O'Sullivan, had appealed to the
next term of court and their appeals
could not legally be shunted in the
manner attempted.
Judge De Bolt allowed both defend
ants to reserve their pleas until a.
IN. Tuesday, when the motion in each
case of Assistant Attorney General
Fleming to place the appeal on the
calendar Of this term, for the purpose
of having it nolle prosecuted, will be
argued.
Alex. Lazarus, indicted also for vio-
lating the liqour laws, had no attorney
to make a fight for him. His appeal
from the District Court was accord
ingly moved on the calendar and a
nolle prosequi entered thereon. De-
PENDANT then being arraigned on in
dictment pleaded not guilty.
OTHER INDICTMENTS.
Chew 1t, arraigned for having che
ia lottery tickets in possession, was
represented by Frank Andrade and
had his plea reserved until this morn
ing. His appeaiSase from the District
Court was nolle prosecuted.
Territory VS.. Becky Houghtailing,
Henry Delamux Gas the indictment
gives his name) and Henry Ramos,
malicious injury, had their plea set for
10 o'clock this morning. A. II. Crook
is their attorney. This case raises a
peculiar point. Defendants We're dis
charged after trial in the District
Court. The complaining witness was
not satisfied and laid information a
gainst the trio before the grand jury,
which returned true bill against all
of them. They are charged with chas-
ing trespassing mare about the yard
of the first-named defendant, while no
gate was open to permit the animal to
escape. Under stress of pursuit the
mare impaled itself upon pointed
iron post. Frank Robello is the prose-
cutting witness.
ANOTHER LITTLE TANGLE.
Anything to please Mr.. Douthitt,"
Judge De Bolt blandly ruled. The re-
mark closed a short passage between
the attorney for Mrs. Luceweiko and
MIR. Fleming for the Territory, the case
being one of Illicit liquor Selling. 1t
set an early day for the hearing of a
motion to place the appeal of defend
ant on the calendar.
Mr.. Douthitt had first moved for an
order to restore to Mrs. Luceweiko sun
dry bottles of beer, wine, etc. This
was persisted in after the court stated
that it was 10 o'clock and therefore
past the allotted time for motions in
any case but the one on for jury trial. !
The ground of this motion was that
a nolle prosequi had been entered in !
the appeal case. When Mr.. Douthitt |
was given to understand that the eff
feet of the motion, if pressed, would be
to put 1t in the power of the prose- |
cution to place his client in custody, |
he dropped it like hot potato.
JURY AGAIN TRAVERSED.
At the resumption of proceedings in |
the trial of Enoch Johnson and Jonah
Kumalae before Judge De Bolt at 10 |
o'clock, c. w Ashford for the defend |
ants presented a motion to set aside |
the special venire of Jurors returned !
that morning, The ground was that |
the names had been Illegally placed in |
the trial jury box, because the list in
cluded the names OF several jurors
who had served on grand and trial /
jury panels for the October 1903 and
the January 1904 terms, and having so
served had been excused, ana being
excused their names should have been
placed In a sealed envelope not 10 be- /
taken therefrom again until the end /
OF the jury year
on correction by Attorney General |
Andrews ana the court showing that /
the October term jury was not from .
lRe jury commissioners llst OF ESQ
names for 1904 Ar Ashford out chat
reference Qua of his motion, sayluE |
lAeFs we've names lefI w Jurors WHO /
hal been excused thH year 40 called /
up H0'plal Jurors summoned uu hr /
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