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

u Atsta OAm6 out VICTORIOUS
IN the libel suit against him in Judge
De Bolts court this morning, A
history Of the ease appears in the
editorial columns OF this issue
When the casa was called this morn
ing, the prosecution admitted the
facts related 10 the 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 in Abatement referred 10
ia as followG
f Testa, being duly sworn, de
sposes aud says; frat. That he lie
called upoo to answer to an alleg 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 q 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, Il P McIntyre
Jno A Baker, VIM Mutcn Guy
Owens.
Third. That certain OF said per-
uons are not qualified to serve as jur-
ors, and wsre present al, 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 K lwards, who on the 23rd
day OF February, 1880, was arraigned
in the Police Court OF Honolulu on
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 ls-
Dor, and to pay a fine OF SIS with costs
taxed at $40, as more fully appears
from certified copy OF the record,
: annexed,
And said defendant further allegt
3 that on the 18th day OF April 1881
a said John Edwards in the Distric,
Il Court Of Honolulu plead guilty to {
j. charge OF larceny aud was senten ced
to one years imprisonment at hare
= labor, and fined $40 aud costs taxed
y at SIS, as more folly appears from
a certified copy OF the record.
Add deponent further alleges
. that said John Edwards, on the 3lsI
day Of December 1903, was committed
. by the District Court OF Honolulu Il
y answer before this Court TO charge
of assault aud battery with wea-
U pom, obviously and immnently dan
9 gerous to life, towit; loaded revol
n YER, as more fully appears from thu
9 certified copy Of the record hereto
,. annexed.
!, Also Henry Hickey, who, on tn
n LIST day OF February, 1899, in til
= Police Court of Honolulu, pleas
guilty to the charge OF having opium
or o preparation thereof unlawful
% 10 possession, and was sentsnce'
|. therefor. -,
Fourth. That deponent veril
81 b,lieyes, and upon such belief sol
u emily suggests, that said allege
D indictment was not found by III
70 number required by law to and q
indictment -.
Wherefore defendant submits hi
plea 10 abatement, and prays thu
the same may be sustained, and thu
said alleged Indictment may b
q auashe1, and he be discharged.
10 Plea in abatement is as appea
so below.
70 And now comes y ] Tesla aud re
Vo spsctfully submits to this Court b
rs plea in abatement to the alleged ii
Do dictment herein, upon the aHdav
an annexed thereto and alleges;
10 First. That the indictment her
la' iu is illegal and INVALID, in that ce
M tain persons are on the jury pane
j. and acted as jurore, and particip
ted in the proceedings OF the Graz
~ Jury finding said indictment wit
I'M out being legally qualified to act
"a N" 4L;a No,,