The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-06-16

quashed on the ground that the grand
| jury was illegally constituted and that
| body then being reconstructed found
new indictment which, after sustain
tanning a series of attacks. is found
valid
RICHARDSON RELEASED.
Edward Vivian Richardson, formerly
clerk of Honolulu Water Works, had
all FIVE indictments against him for
embezzlement of public money dropped
yesterday. w. S. Fleming for the Ter
ritory asked for nolIe proseQui in
each case, which was granted. The
reason for this proceeding was the in
competency of the grand jury that in
vestigated the cases, as found by
Judge De Bolt in another case return
ed by the same body. Richardson will
be brought before the reconstructed
grand jury.
MOTLEY CONTESTANTS PERSIST.
In the matter of the controversy
over the viii of Charles Motley, a sec
ond motion for rehearing has been filed
by Kinney Mechanism & Cooper,
counsel for contestants. The Supreme
| Court, in it's decision overruling the
first motion for a rehearing, maintain
| ed that the reference in it's original
| opinion to the necessity for clear and
convincing evidence of undue influence
was not relied upon by the Court III
determining that the trial judge prop
| erly directed the jury to return YER
| dict for proponents of the will This
part of the decision on rehearing, it is
alleged, has come and rightly come
| as a surprise to contestants counsel. )"
They say they were led to believe
| from the language of the main deci-
sion that the trial judge was sustain
ed upon the proposition that where
a will is sought to be set aside on the
the ground of undue influence, and the
proofs of such undue influence are cir
cumstantial and not direct. the evi-
dence must be clear and convincing
or the court will be justified in re-
fusing to allow the case to go to the
jury
Since the appellate court says that
was not the controlling point with il,
counsel for contestants now desire to
be heard on the finding of the Supreme
Court that there was no evidence OF
a general controlling influence by EN-
| ma Danford over decedent.'' They
claim: That the reference by the
Court in it's original opinion to the
necessity of clear and convincing evil
dence was such, and couched in such
1 hot
excusable for having framed their frs
motion for rehearing on that theory
and for having concentrated their eff
forts thereon
! They except to the Courts finding
! for the first time it passed thereupor
as they claim, upon the issue whether
or not there was any evidence of {
general controlling influence by EN-
ma Danford over decedent.'' They
ask for a rehearing upon that point
"on the ground that such finding b5
= the Court is a palpable error and {
grievous wrong to these contestants
Finally: Contestants ask further
- for rehearing of the decision by tn,
Supreme Court to the effect that mo
4 ton for rehearing should not be mad,
or entertained if made merely Will
the nope that by a reargument upoI
the same issue the mind of the Cour
may be changed. Such decision of tn,
Court being contrary to controlling de
G cisions on that point and not havins
: been raised or argued at the hearin,
% of contestants first motion for a re
: hearing"
J. w ]. Glenn was tried and founC
,e guilty, before Judge De Bolt yester
day, for assault with a deadly weapon
70 upon Frank Bush. Glenn and Busl
were bluejackets Of the u. S. trainins
ship Adams. While ashore on libert7
they quarreled at Iwilei, when Glenn
wounded Bush with a knife. The cour
sentenced the defendant to imprfson
ment at hard labor for three month
and payment of costs. NJ F. Prose-
/ appeared for the Territory. and S. F
ChilGngworth for the defendant Tn
jury consisted Of Edgar L. Lewis. Jas
- j. Dias, Jno. Coffee. c. ]. Ludwigsen
j. w. L. Mcclure, n. Watkins. s. K
Paulo. Edmund Norrie. Gus Childs. Jos
N A Lawelawe. Jno. H. Craig and E. c
K. East
8. HILO WATERFRONT CASE.
p The great Hilo waterfront ejectmen