The Hawaiian gazette., 1904-09-09
DRANK THE
EVIDENCE
A Woman's Wit
Battles the
Police.

Alexander Lazarus came on to be
tried for selling malt liquors without
license. NJ. F. Prosser appeared for
defendant. The following jury was OBJ
tanned: Ernest Kaai, Harry Carl, H.
p. Roth, H. A. Parmelee, j. A. NJ
Johnson. James Brown j. w. Berg
strom j. j. Dias, j. A. Lawelawe, ]. C.
Lane, Z. p. Chaplin, G. d. Malone.
In the empanellng one juror was ex-
cused by Judge Gear for cause on his
declaring that it would prejudice him
against the prosecution If the police,
We're only pulling up small violators
of the liquor law and leaving the large
ores alone.
A native woman on the stand in the
afternoon created much amusement
with her account of the police raid on
the place where the offense was al
legged to have been committed. When
she grabbed another and ran away
with it, drinking the contents when
She got outside.
The trial continues at 10 o'clock this
(morning.
OTHER CRIMINAL CASES.
The case of F. ]. Tesla, criminal
libel, was continued for the term by
consent, at the request of defendants
attorney.
Chez Secs plea of not guilty to in
dictment for larceny in the second de-
gree for stealing a Ratchet was chang
ed to that of guilty. F. Andrade APP
peared for him and Assistant Attorney
General Prosser consented to the same
sentence as that of the Honolulu Dis
triot Court-ten days at hard labor on
the expiration of his present sentence
of one year under a previous convic-
tyon-whch was accordingly imposed.
{ The trial of Dan Kamai Kahili, for
Granddaughter was postponed until the
return of j. j. Dunno, counsel with S.
F. Chillingworth for the defendant
TOOK WIFE'S JEWELS.
Harry A. Juen, answering his wife's
complaint in divorce, denies every al
legation other than that of marriage
except as hereinafter stated:
He admits that he has taken and
now holds purse belonging to the
libellant containing certain articles Of
jewelry which he alleges he took by
way of reprisal to compel lbellant to
yield up to him the custody of his
children as well as the possession of
certain articles of property belonging
to him of which libellant had obtained
possession and refused to surrender to
him.
THE FISHERY CASES.
In the calling of en-numbered
cases on the civil calendar by Judge |
Robinson, the fishing right cases were
assigned to Judge De Bolt. There are
about 40 of these cases.
By the Organic Act all laws of the
Republic of Hawaii which conferred
exclusive fishing rights were repealed,
and all sea fisheries of the Territory
declared free to all citizens of the
United States, subject to vested rights;
but no such vested right shall be
valid" the Act provided after three
years from the taking effect of this
Act unless established as hereinafter |
provided"
The provisions thus indicated We're |
that any person claiming a private
right to any such fishery should, with |
in two years after the taking effect of |
the Act, file a petition in a Circuit |
Court setting forth his claim, service |
to be on the Attorney General; that the
Attorney General should conduct the
case for the Territory, the case to be
conducted as an ordinary action at
law and
That if such fishing right be estab-
lished, the Attorney General of the
Territory of Hawaii may proceed in
such manner as may be provided by
law for the condemnation of property
for public use, to condemn such priv
ate right of fishing to the use of the
citizens of the United States upon
making just compensation which com-
pensation, when lawfully ascertained,
shall be paid out of any money In the
treasury of the Territory of Hawaii
not otherwise appropriated"
Some OF the cases went to trial and
reached a decision by the Territorial
Supreme Court adverse TO the claims
OF vested rights. Appeals were taken
to the United states Supreme Court.
where the claim OF Samuel NJ Damon
was sustpined on the ground that.
where the fishery right was part OF the
original land grant % which II was
anpurtenant vested right was es-
tabllshed, All OF the cases not settled
by that decision win stand or fall by
the principle thereby declared. Should
"a large proportion Of them prove 20
have the essential element OF vested
rights larger amount OF money
would b. required for cpndemnlng the
rights fhHn the Territory can anofd 90