The Hawaiian gazette., 1904-09-20
H0.SO| IS
CONVICTED
Directed Verdict
On Burned
Note.

CFrom Sundays hdvertiser)
Ho Sol was found guilty OF receiving
stolen goods by the jury's verdict rend-
cred at 5:15 yesterday afternoon, after
elaboration Of about twenty minutes.
Mr.. Cathcart noted exceptions and
gave notice Of y6otlon for a new trial.
Most of the Second day of the trial
was taken up with the evidence Of the
defendant. He represented that
young man, one of the gang now in
prison for the robbery Of Pacheco's
store. came TO him with story about
his fathers distress for money. The
lad said his father had some goods to
sell and the defendant agreed to buy
them. In the morning, about 1880
o'clock, he found heap of merchan-
disc on his veranda. His previous
visitor arrived later and was paid SlO.-
25 Ho Sol taking his receipt for the
money.
Cross-examined by Deputy Attorney
General Prosser, the defendant said he
knew only one lad in the transaction,
but when asked later how it was the
carrying of so much goods upon his
veranda did not disturb him he an
swered, THAT was not much for two
or three men,"
A popularity of the receipted bill
pointed out by Mr. Prosser was that
il was dated March 2S, whereas the
date of the robbery was February rs.
There also appeared to have been
something written and erased under
the signature of Albert Figera, the
2i These
apparent to Judge Gear on examina-
tion of the paper. Mr.. Cathcart OBJ
jected to both the prosecuting attor-
ney's and the courts exporting of the
paper, but his objections were over
ruicu
Horace Crabbe and Farm Cornn were
called for the defense to prove Ho Sofs
good character but their testimony was
struck out on the ground that it did
not refer to the time OF the alleged
offense.
Cecil Browns suit against Kate
Braymer on a note for $3.50 was tried
by Judge Robinson yesterday, ending
in a directed verdict for the plaintiff.
Early in the proceedings the Henry
Waterhouse Trust Co., sued as gar
nishee, was discharged. The plaintiff
appeared in person with w. Austin
Whiting as associate counsel, and Geo.
A. Davis for the defendant. EXcep-
tions were profuse from beginning to
end, and several incidents enhanced
the interest of a case peculiar in itself.
An allegation of the complaint was
that the note had been destroyed by
fire. Kaauwai, an old Hawaiian who
had been employed as janitor of Cecil
Browns office for ten years, told on
the witness stand about his bagging of
rubbish there and having it burned in
the furnace of the Honolulu Planning
Mill. Not content with what he got in
the office sweepings one day, he raked
papers off table into the rubbish bag
and consigned them to the flames. By
the evidence of Mr.. Brown, George L.
Bigelow and Frank NJ. Fernandez 1t
was sought to prove that the note in
question was in an envelope among the
papers swept into the old mans rub
bish bag from the table.
When two or three jurors had been
excused for cause, the last being Pat
rick Ryan, the panel was exhausted.
Ryan had been excused on the objec-
tion of Attorney Davis that he had
held business relations with the plain /
tiff.
Mr.. Davis objected TO the summoning
of talesmen, whereupon Mr.. Brown
made a statement that no money was
owing between Juror Ryan and him.
self. The court then vacated the order
eXcusing Ryan and he was called back
10 the jury box. Mr.. Davis objected to !
the juror but his challenges We're ex-
hausted and his objection was over
ruled.
Under exceptions of the defendant |
the following jury was sworn to try
the case: Norman Watkins, sam. NJ.
Kaniakau, VIM. +. Erving. Hiram Ka-
aha. Louis c. King J. j. sullivan, JAS
Armstrong. II, p. Benson, Charles p.
osborne, Arthur l.. soule, Harry a.
Wilder Patrick Ryan.
When the plaintin rested just before
noon Mr. Davis stated that he would
after recess move for a nonsuit. He
had previously asked for time 10 pre-
pare instructions for the jury and ask
ed for a recess until o'clock. Not
only had he 10 prepare the papers but
he must eat.
II don't know whether your Honor
r. a heavy eater or not" Mr. Davis
Ilfaufui bui ihht TOT bithhlaHl pll
a cup Of tea, piece OF bread and per-
haps half AN egg. and ! want my lunch
IN the middle Of the day"
Apparently Mr. Davis spent more
time at the lunch table than az his
deck, fof be came into court at O'Clock
without written insiructl0ns nn be-
half ~ the defendant He moved for
u0nEuli which wac denied, in lieu
~ written instructions hr Was allowed
by lhe court % STATE bic painis % the
iury
Whru both sides had argued Judge
ltpllnt0H directed tbr jHT} ~ ftiuru
Yudi0f fDr ihs Halnun Exceptions
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