The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-09-17
|HO Sol IS
CONVICTED
Directed Verdict
On Burned
Note.
Dismissed Damage Suit
Recalls Dynamite
Conspiracy.
Thomas Fitch's Compensation.
Suit Against Bishop &
Thomas Fitch's Compensation.
Suit Against Bishop &
Co. Dropped.

Ho Sol was found guilty of receiving
stolen goods by the jury's verdict rend-
cred at Sis yesterday afternoon, after
elaboration of about twenty minutes.
Mr.. Cathcart noted exceptions and
gave notice of motion for a new trial.
Most of the second day of the trial
was taken Up with the evidence of the
defendant. He represented that a
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 7:30
o'clock, he found heap of merchan-
disc on his veranda. His previous
visitor arrived later and was paid s1o.-
%. 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
II u-aS f1o+a3 March % vvbaraac tho
! date of the robbery was February %.
There also appeared to have been
something written and erased under
the signature of Albert Figera, the
thieves cashier. These marks were
apparent to Judge Gear on examina-
ton 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
ruled
Horace Crabbe and Farm Cornn were
called for the defense to prove Ho Sois
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
Brayner on a note for $3.50 was tried
by Judge Robinson yesterday, ending
in 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-
lions 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 N. Fernandez it
was sought to prove that the note in
question was in an envelope among the
papers swept into the old mans rub
3 Dish 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 obiec-
/ ton Of Attorney Davis that he had
held h71Siul-= RELATIONS, -,---l-
tiff.
! Mr. Davis objected 10 the sllmmonine
OF talesmen, whereupou Mr.. Brown
made q statement that no money was
+ owing between Juror Ryan and him
. self. The court then Vacated the order
eXcusing Ryan and h was called back
10 the jury box Mr.. Davis objected to
the juror but his challenges were ey-
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
Kama kau. VIM. F Ervine. Hiram r1a-
aha. Louis =. King. J J Sullivan. las
! Armstrong. H. ?. Benson. Charles p.
/ osborne. Arthur l. S0ule. Harry A.
/ Wilder. Patrick Ryan.
) w hen the plaintiff rested just before
noon Mr.. Davis stated thar ne would
, s'l'-F recess move for a uonsuit He
/ n5a previously asked FOR time 10 me-
! pare instructions for the jury and ask
. e1 Tor recess until o'clock. Not
only mad he 10 prepare the papers but
, be- must eat.
don't know whether your Honor
/ : heavy eater or NOT" Mr.. Davis
! Pleaded, hut take <or breakfast but
q ~