The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-10-11
j, S. COURT
TERM OPENS
Judge Dole Charges
the Grand Jury Up
on Its Duties.

morning opened the October term OF
the United States District Court with
comprehensive charge to the grand
jury. The law defining the powers,
functions and limitations of a Federal
grand jury was fully expounded. a
catalogue of the offenses that would
be presented to their investigation by
the District Attorney was given, the
statutes on each of them being large
" quoted Among the violations Of
Federal statutes mentioned as likely to
be brought before them were forgery
of a postal money order, perjury, il
legal immigration, conspiracy. illegal
distilling, embezzlement as trustee of
bankrupt estate, embezzling mail
package, smuggling and assault on the
high seas, together with offenses of an
immoral nature.
Referring TO the large number of
cases of the last-named class in the
last two regular terms of that court,
Judge Dole said: Many convictions
were obtained and corresponding pun
ishment inflicted for this class of Of
lenses, so that the activity then exist
ing in those nefarious enterprises re-
ceived decided check"
Judge Dole appointed j. o. Carter
Jr. as foreman of the grand jury, they
to select their own secretary.
Owing to eleven of the original panel
being excused for various reasons,
there was a little delay while spe-
ciaI venire was being served by Mar
shall Hendry to fill the vacancies. As
completed and charged the grand jury
consists of the following named men:
LIST OF GRAND JURORS.
]. O. Carter, Jr., foreman; Chas. T.
Day, C. A. Widemann, Vim. Downer,
E. B. IFriel, Walter L. Howard, G, B..
Gray, 7. B. Lyons, L. r. A. Hart,
Daniel K. Kamakauakoa, John Kai,
John Markham, E. Brunaghin, j. NJ.
Davis, L. NJ Vetlesen, Geo. P. Castle,
Geo. T. Kluegel, NJ. T. Bissel, T. j.
King, A. Gartenberg, E. H. Paris. Geo.
H. Angus, j. w. Podmore.
TRIAL OF BOYD.
Edward S. Boyd's trial on one of
several indictments for embezzling
public money while he was Commits
sioner of Public Lands began in Judge
Robinson's court yesterday morning.
The jury panel was exhausted by ex-
cuses for cause before noon and a spe-
cial venire was issued returnable this
morning.
Attorney General Andrews is prose-
cutting, and S F. Chillingworth and j.
IiYacr n
noted exceptions to the order for a
special venire, because the court ruled
that Sam. Nowlein, juror called for
the term, being at Lahaina was out
of the courts jurisdiction to compel
his attendance.
RICHARDSON'S BOND.
Judge Robinson gave written deci-
sion yesterday, sustaining some of the
demurrers to the action upon the bond
of Vivian Richardson, former clerk of
the Honolulu Water Works, brought by
C. S. Holloway, Superintendent of
Public Works. Leave is given to plain
tiff to amend his complaint within ten
days. The bond is in. the sum of $1,000
and the amount sought to be recov-
cred $2S32.S5.
Richardson's own demurrer is not
sustained where it claims the Superin-
tendent of Public Works had no law
full power to appoint him or to take a
bond from him, but it is sustained on
the ground that the complaint should
show affirmatively that the amount al
legged to have been collected by him
was so done in discharge of his Off
cial duties.
The demurrer of the Henry Water
house Trust Co., administrator with
the will annexed of w. H. Cornwell,
one of the bondsmen, deceased, is over
ruled in its claim that this defendant
is improperly joined as a defendant,
but it is sustained on the ground of
failure of plaintiff to prosecute the
claim against the estate within two
months after notice of its rejection by
the administrator as the law requires.
The same defendants ground that the
is uncertain in not setting
forth what liability was incurred by
Cornwell before his death is overruled,
as the undertaking was for the con-
duct of the officer during his term ef
Office and the surety bound himself,
his heirs, executors and administra-
tors
John F. Colburn and D. Kawanana-
koa demurred on the sole ground that
the bond was given to James H. Boyd
and not to c. s. Holloway This is
overruled because the bond ran to
Boyd's successors in office, the court
saying: ''All bonds are official bonds
which are prescribed by statute. or of
which the obligor or obligee is publ
officer, and the subject matter of the
condition of the bond is the discharge
of public duties or the proceedings of
a judicial character in a court of law
or equity"
TOBACCO INJUNCTION SUIT.
The tobacco agency injunction suit
of I. Rubinstein & Co. VS.. H. Hackfe1d
& Co, Ltd, was before. Judge Gear the
greater part of yesterday and will be
today. A. s. Humphreys and
j. j. Dunno are counsel for plaintiff,
and w. A. Kinney, F. T. THOMPSON
and c. 2. Clemens for defendant Late
in the day Mr.. Humphreys presented
a motion for q p0ro mi SSiov, RI ieS,, for