The Hawaiian gazette., 1904-04-08
POINTS LOST
BY AUDITOR
On His Attempts
to Throw Out
Appeals.
tFrom Thursdays Daily.)

appeal of the Trustees of the Queens
Hospital from the refusal of Auditor
Fisher to issue warrants for the pay
ment of the monthly pro rata of the
by the Legislature. "The appeal itself
is now in order for hearing" the opin-
ion concludes. Justice Perry is author
of the opinion, the syllabus of which
reads thus:
THE Legislature may include in an
appropriation bill passed at an extra
session called under the provisions of
Section "a of the Organic Act an item
which is not for a necessary current
expense of carrying on the govern
ment, provided the matter covered by
the appropriation is one for which an
appropriation may rightfully be made"
Robertson e Wilder appeared for the
appellant; e. C. Peters, Deputy Attor-
ney General. for the Auditor.
KEPOIKATS FEE CASE.
The Supreme Court also by the clerk,
denies the motion to dismiss the ap-
peal of Treasurer Kepoikai from the
Auditors refusal of a warrant to pay
his counsel fee of $500 in the Board
of Public Institutions" test case
brought prior to the County Act" test
case. e. C. Peters for the movant;
Kinney, McClanahan & Cooper, contra.
For grounds of motion to dismiss the
appeal the Auditor presented that there
was not that difference of opinion"
between the parties referred to in Sec
ton 16 of the Audit Act necessary to
authorize the appeal and that the
Treasurer was not party aggrieved"
or concerned" within the meaning Of
that Section.
LESSER OFFENSE FOUND.
Before Judge De Bolt the trial of
Chisak Mokichi, indicted for rape,
continued from Tuesday throughout
yesterday. At 5:17, after celebrating
nearly two hours, the jury returned a
verdict of guilty of assault with intent
to commit rape.
A few minutes before this result was
reached, the jury had come into court
to report hopeless disagreement. They
We're then IL to l, having had a pro-
, longed struggle to get there from 9 to
| 3. Jurors Kidwell and Cook stated
| some of the difficulties to the court,
which then instructed the jury more
particularly as to the weighing of evil
dence. When discharging the jury with
thanks after their verdict, Judge De
Bolt added, Always bear in mind,
gentlemen, there's no such word as
fail"
Messrs. Biting and Brooks gave no.
tice of motion for new trial, the
former saying his reading of the law
was that this motion should be argued
before sentence was pronounced. Mr..
Fleming for the Territory differed from
him and Judge De Bolt said such a
thing was not according to the practice
here. However, by consent sentence
was deferred and the motion set for
hearing at a. m. Monday.
MAXIMUM SENTENCE.
Osumi, who pleaded guilty to man
slaughter in the first degree under his
indictment for murder in the first de-
gree, was sentenced by Judge De Bolt
to be imprisoned at hard labor for the
term of twenty years. This is the full
| limit of the law. The prisoner killed
woman with a big knife in the dis
trict of Koolauloa last September.
NOT PROSECUTED.
w. S. Fleming asked for a nolle
/ n tpl, l.
half of Y. Amin, Young Tuck. r. Dong
Wong and Chin Puig, indicted for
maintaining and conducting a lottery
OTHER THINGS.
Judge Gear is still trying Mr.. Ballou's
injunction suit against Mutual Tele-
phone Co.
! Before Judge Robinson, In the Pacific
Heights foreclosure injunction case,
Mr.. Llghtfoot took practically the
whole day arguing for Mr.. Booths
motion to. dissolve the temporary in
junction obtained by Mr.. Desky.
MOTLEY WILL CONTEST.
Kinney, McClanahan & Cooper and
j. j, Dunno, attorneys for contestants
in the matter of the viii OF Charles
Motley have filed In the Supreme Court
a motion for rehearlng and reargument,
II sets forth that the court overlooked
points submitted, that It's decision is In
conflict both with an express statute
ana controlling decisions of the court
aud was based mainly on point not
raised In the bin of exceptions, II IL
even asserted that the decision N IA
conflict with the law accepted by the
court in this cause"
ANOTHER ABATEMENT PLEA
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