The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-10-29


| was admitted for showing motive ana
testing credibility of the prosecuting
witness, against the objection of Mr..
Douthitt ON the grounds that the OBJ
lection came too late and that, the
prosecution being actually a private one
| though in the name of the Territory,
evidence of the relations between the
prosecuting witness and the defendant
was relevant for the purposes stated by
| the defense.
At o. m. the defense was still on
and the case was continued until Mon
day morning at 10 o'clock.
NAONE'S DEFENSE INSANITY.
1t was made clear by j. ]. Dunno,
counsel for Philip H. Naone. in argu-
ing a continuance of the case for the
term yesterday, that insanity of the de-
PENDANT was to be his defense against
the charge of murder in the first de-
gree for the killing of his wife. Coun-
sci fled a lengthy aff1davit in support
of his motion to continue the case until
the January term. He represented that
the defense of insanity involved un-
usual labor of preparation and if the
case was not continued he would re-
luctantly have to withdraw from the
defense.
w. A. Kinney, associate counsel for
Naone, also made remarks, saying if
he did not believe there was merit in
the defense of mental alienation ne
would have nothing to do with the
case.
Deputy Attorney General Prosser OPP
posed continuance.
Judge Gear, in taking the motion un-
der advisement until Monday, observed
that the expedition of justice in the
Miranda case was not to be. taken as
a criterion for the courts guidance in
other cases. In the Miranda case the |
attorney assigned to the defense as
sented to a prompt trial
MAHAULU'S CASE.
Frank E. Thompson appeared for |
Stephen Mahaulu, indicted for embez- |
Element of public money, saying that |
he had been engaged as defendants |
counsel only that morning. He asked |
that the case be continued. and Judge |
Gear put it over until Monday morning. |
MASONIC TEMPLE BOND.
Judge De Bolt was engaged yesterday
with the trial of E. H. E. Wolter VS..
Fred. H. Redward, a suit to recover
$1,000 alleged to have been paid by plain
tiff to the trustees of the Masonic Tenn /
pie as surety on defendants bond as
contractor. J. A. Magoon and j. Light
foot appear for plaintiff, and George /
A. Davis is counsel for defendant.
The original bond is lost. A sugges-
ton of the evidence is that che docu-
ment may have been burned in the Il
Chinatown fire. Mr. Davis objected to
the Introduction of an alleged copy OF /
the bond. until foundation was laid /
of evidence that due and diligent /
search" had been made for it,
Mr.. Magoon, the objection having
been sustained, hustled for the requir-
ed evidence. Mr. Davis would not adj
init even that f. A. Schaefer, one of |
the Temple trustees, was absent from
the country, so that Mr.. Magoon was i
obliged to produce evidence of that /
fact. John K. Wilder, one of the Tenn
pie building committee, was brought |
from his house in special carriage.
Col. W. F. Allen was unable, from ILL
ness. TO respond to the call.
Up till the courts adjournment for
the day the required foundation had not
been completed. The following jury is
sitting on the case:
]. H. Schnack J. c. Axten. e. S, Il
Cunha, NJ J. Carroll, E. L. Lewis, C.
H. Clapp, J. G. Quinn, S. K. Paulo,
A. N. Campbell, Samuel Ehrlich, A. c.
and s. K Aki.
COURT NOTES.
George E. Rugg, administrator of +
the estate of Chester Merrill Rugg. de-
has filed his final account with
a petition for discharge. He charges
himself with $4,000 and asks to be al
lowed S412
Oahu Railway & Land Co.. in it's as
sumpsit suit against Waialua Agricul-
tural Co., files a bill of exceptions from
Judge Robinson's interlocutory deci-
SONS.
Plaintiff in the suit of Ching Ho
Chong VS.. Wong Hing, sometimes CALI
ed All Sam, has filed motion to quash
summons. {
F. L. Winter was adjudicated bank
rupt on his voluntary petition by Judge
Dole yesterday.
Eleven civil cases formerly passed
will be called, to set for trial, by Judge
Robinson at 10 o'clock Monday morn u
ing.
STATEMENT al