The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-10-05

which was denied by the prosecution.
Mr.. Prosser quoted Chief Justice Mar
shall in point as to the impression Mir.
Barnes had formed Both sides entered
upon a lengthy debate on the question OF
what Mr.. Barnes meant to imply by the
impression he had formed by reading
the newspapers.
The court ruled IN favor of the de-
tense and excused the juror.
E. @. Carrera was called. He had no
scruples against the death penalty. He
had a strong impression in the case,
feeling that as Miranda was the prisoner,
he was the guilty party Mr.. Carrera
was challenged and excused.
B. F. Vickers was called. He had no
scruples against the inhiction OF the
death penalty.
"Were you down town the night Of
the murder, asked Mr. Thompson.
Eyes, / was down town where | met
Mr.. Taylor here and he told me thas
Mr. Damon had been stabbed.
The juror was passed.
The jury was then pronounced salts
factory to both sides and the twelve men
were sworn by Clerk Sims.
Judge Gear said he was perfectly will
ing to go on with night session. The
Attorney General said he was not ready,
having sent his witnesses away as 1t was
then 80.
The Judge cautioned the jury not TO
converse with any one. They were not
to separate, and no individual could
leave the others without being in charge
of a bailiff
Bailiff Ellis took charge of the jury
and escorted that body to the Hawaiian
Hotel where cottage has been set apart
for the. twelve men.
Il can't see VIII we cannot go on with
this case tonight" said George. Davis.
There's good many things you can't
see. Mr.. Davis" rejoined the court.
This case will be adjourned TO o:3o,
o'clock this morning.
BOYD CASE CONTINUED.
In the case OF the Territory VS.. E. S.
Boyd, ENLIGHTENMENT, set for hearing yes
terday In Judge Rohinson's court, Attor-
ney Chillingworth appeared for defend
ant but on request of the Attorney Cen
eral the case was continued until the
conclusion of the Miranda murder case.
The jurors were excused until today,
MRS. TURK LOSES.
Frank ]. Turk yesterday was awarded
a decision by Judge Robinson in his
action against Estrella Turk, his former
wife This gives him the custody of a
horse, buggy and harness.
The Judge said that although in rea-
son he felt Mrs. Turk should have the
property, yet he had to abide by the
statute.
JUDGE DE BOLTS CASES.
Judge De Bolt will call the balance
of the civil cases on his calendar on
Friday morning, October 7 at 9 a. m.
A LITTLE LOVE-FEAST.
While waiting for the prisoner TO ap-
pear in the Damon murder case yester-
day afternoon in Judge Gears court it |
was suggested to Attorney General An
drews that perhaps the prisoner had es-
capped. Chester Doyle, who was sitting |
nearby ventured the opinion that he was
being registered.
The wait also brought out an incident |
which cause widespread interest. Both |
Attorney General Andrews and George |
A. Davis were discovered Joking to- |
gether as if they were bosom friends.
SHOULD CHAIN STREETS.
There seems a need for claiming up |
Militant street between King and Queen |
streets during sessions of court under |
Judges Gear and De Bolt. When
wagons pass by, witnesses testimony is I
drowned out and a serious interruption
to the progress of cases occurs. Dur /
ing court sessions in New Orleans, the |
streets surrounding the court house are
chained in.
PUMA ACQUIESCES.
In the case of the First National Bank /
VS.. Puma Sugar Company, ct al, the
defendant company has filed its answer
conserving to an order or decree, as
well as the appointing of receiver. of all |
the property mentioned in the deed of /
trust
The B. F. Dillingham; Co. makes iden-
teal answer It further states that If |
does not claim or pretend TO have any
right, title or interest in the deed of |
trust or in and to the moneys due there
on.
WANTS DAMAGES.
The amended complaint of plaintiff in
the case of John Efnneluth VS.. Mary |
E. Forster was filed yesterday. 1t is
complained that the defendant has I'M
Justly taken into her exclusive possession
and converted to her use certain real
property as follows: The share of Opu
(k) in the Huiaina OF Kahana in Koo- |
lauloa. Oahu. Plaintiff claims to own in
fee simple one undivided one-half of
the aforesaid property, and therefore |
claims damages in the sum of $3.50.
49,