The Hawaiian gazette., 1905-06-02
NAONE CASE
UP TO JURY
(From Thursdays Advertiser.)

(From Thursdays Advertiser)
At 10 o'clock this morning the closing
of counsel to the jury IN the Naone
murder trial will begin. J. ]. Dunno
will speak for the defense and Attorney
General Andrews for the prosecution.
Instructions to the jury were not
quite settled yesterday afternoon, but
Judge De Bolt set $3.50 this morning
for the conclusion of that matter.
Perhaps the strongest piece of re-
buttal the prosecution submitted was
a document signed by Naone himself
under oath. This was a civil service
application made out by him when be
entered the u. s. quarantine service.
In 1t he answered mo" to every ques-
ton Of whether the applicant suffered
from insanity. whether any member of
his family had ever suffered from in
sanity, and whether the applicant had
suffered from epilepsy or had been sub
ject to fits or commissions.
DR.. Sinclair testified to having OBJ
served the defendant part of two years
in the quarantine Office, but never no.
ticed in him any symptoms of insanity
Or epilepsy. DR.. Hobby, also of the
quarantine service, gave similar evil
sdence.
COUNTY ACT SUBMITTED.
At a few minutes after IL o'clock
noon yesterday argument closed in the
County Act test case. Chief Justice
Frear adjourned court until 10 o'clock
this morning and, with Justices Hart
well and Wilder, was half way to the
door of the courtroom when Mr.. Cooper
asked what time was to be given for
the filing of briefs.
Mr.. Highton said he did not under
stand that briefs were to be filed.
Mr.. Cooper expressed his willingness
to let the case stand submitted with
out briefs.
The justices were apparently salts
fed. all that came from them being a
request by Justice Hartwell that coun-
sci should leave the books from which
they had been quoting upon the tables.
Following II. E. Cooper in support of
the County Act, Deputy Attorney Gen
eral Prosser and former Judge Gear adj
dressed the court on the same side. H.
e. Highton closed for the complainant.
In the course of his argument he was
asked by the Chief Justice If Act SO
disposed of money now in the treasury
or money yet to be collected.
Both, your Honor" was the reply.
at is general act"
Stress was laid by the three defend
ers of the County Act on the author
ization for county government given by
the Organic Act.
SURETYSHIP POWER.
power of attorney has been filed by
the United States Fidelity and Guaran-
ty Co., incorporated under the laws of
the State of Maryland, empowering any
one of r. w. Shingle, w. F. Allen. A.
N. Campbell, d. w. Anderson, w. o.
Smith, A. Lewis, Jr., and w. j. Forbes
to sign its name as surety, execute
bonds, etc.
CLAIMS PRIVILEGE.
A. M. Brown, by his attorney, ]. w.
Cathcart, has filed a plea in bar to E.
G. Ferreira's action for libel, setting
forth that the alleged libelous matter
was privileged in having been contain
ed in an affidavit of merits filed as part
of defendants answer in an action
brought by plaintiff against him as en-
dorser of a promissory note for s524
made by C. F. Chillingworth.
MISTRIAL.
The ejectment case of Dowsett Com
pany, Ltd, VS.. Malie Kaauku, the trial
of which began on May "a, went to the
jury about p. m. yesterday. Henry
Hogan closed for defendant and S. M.
Ballou for plaintiff. At 9:45 the jury
announced that they could not possibly
agree, standing to 4, and Judge Lind
say discharged them.
COURT NOTES.
John F. Bowler sues Louis Marks for
$3.50 with 6 per cent. interest from
April Is, 1900 upon promissory note.