The Independent. [volume] (Honolulu, H.I.) 1895-1905, 1904-05-19
TESLA WINS THE CASE.
Plea in Abatement Sustained On All
Points.

|
In the libel suit against him in Judge
De Bolts court this morning, A
history OF the ease appears 10 the
editorial columns Of this issue
When the CASE was called this morn
ing, the prosecution admitted the
isctS related in tho plea in abate.
ment, and rested without Argument.
The court promptly sustained the
plea and diSmissed the action, set
Ting the matter for good aud all.
The plea 10 abatement referred 10
is as follows;
f Testa, being duly sworn, de
spoees aud says; First. That he is
called upon to answer to an alleR cd
Indictment for libel.
Second. That the following
named persons are on the Grand
Jury panel, and are serving as Grand
Jurors at the present term OF this
court, j Il Schnack, Winford II
Babbitt, Fred ,Turrill, Henry Hickey
Joseph Audrade, Ii P Benson, Jas
Mott, Jr, John Edwards, Alex Lyle,
D j Styne, j @ Axtell, # P McIutyre
Jno A Baker, VIM Mutcn Guy
Owens.
Third. That certain OF said per-
sons are not qualified to serve as jur-
orS, and wsre present at, and partici.
pated in the proceedings OF the
Grand Jury when said alleged in.
dictment was found to the prejudice
and injury OF this defendant, name
| ly:
John E Edwards, who on the 23rd
day OF February, 1880, was arraigned
10 the Police Court OF Honolulu on
q charge Of larceny, and on the oath
day OF February, 1880, was convicted
OF said often Sc, aud was sentenced to
one years imprisonment at hard Ia
Dor, aud to pay a fine OF IS with costs
taxed at So 40, as more fully appears
from a certified copy OF the record,
annexed
And said defendant further allegt Z
that on the 18th day OF April 1881
/ said John Edwards in the District
i Court of Honolulu plead guilty to q
: charge OF larceny aud was sentenced
to one years imprisonment at hard
labor, and fined $40 ADD costs taxed
, at So, as more folly appears from
a certified copy Of the record.
Add deponent further alleges
that said John Edwards, on the 3ls'
day of December 1903, was committed
: by the District Court OF Honolulu tc
> answer before this Court TO q charge
of assault aud battery with wea-
q pom, obviously and imminently dan
. Rerous to life, towit; = loaded rsvol
o YER, as more fully appears from thu
8 certified copy OF the record hereto
b. annexed.
. Also Henry Hickey, who, on thu
d LIST day OF February, 1899, in til
= | Police Court of Honolulu, pleas
guilty to the charge Of having opium
or preparation thereof unlawful.
ia possession, and was sentenced
therefor,
Fourth. That deponent veril
u bslieves, and upon such belief sol
EMMY suggests, that said alleRe
j. indictment was not found by tn
70 number required by law to and q
indictment u.
Wherefore defendant submits hi
plea 10 abatement, and prays tina
the same may be sustained, aud tina
said alleged indictment may b
auashe1, and he be discharged
70 Plea in abatement 10 as appeal
. below.
70 Aud now comes y ] Tesla and re
70 spsctfully submits to this Court hi
Is plea in abatement to the alleged IL
10 dictment herein, upon the aHdav
10 annexed thereto and alleges;
10 First. That the indictment her
al in is illegal and INVALID, in that ce
H. tain persons are on the jury pane
/ and acted as jurore, and particip'
ted in the proceedings of the Graz
D. Jury finding said indictment wit
IN out being legally qualified to act
10. ca T,.os. In and for this Com