The Hawaiian gazette., 1905-05-12
INSANITY
AS DEFENSE.
tFrom Thursdays Advertiser,

From Thursdays Advertiser.)
Insanity will be the defense of Philip
II. Naone to the awful charge of muir
dering his wife on October last. This
fact was placed beyond doubt yester-
day in the examination Of jurors. At
torney General l.. Andrews is being as
sisted in the prosecution by Arthur M.
Brown as associate counsel, and Ches-
ter Doyle as the officer of his depart
ment who has been working up the
evidence. j. j. Dunno for the defense
had Frank L. Thompson with him AT
the opening of the trial and entered
the names Of c. L. Clemens and w. A.
Kinney as other associate counsel.
The first objection raised by the de-
Tense and overruled by the court was
to the application of the law of 1905,
which places the examination of jur-
ors largely under the control and dis
cretionary restraint Of the court.
Before the regular panel was ex-
hausted, and a special venire for fifty
jurors returnable this morning issued,
L. Henriques, A. v. Gear, Harry Juen
and j. X. Clark mad passed for cause.
Awaiting examination in the box were
Milus w. Parkhurst. +. p. Robello, +.
w. Macfarlane, Jr., w. l.. Austin, II.
B. Saylor, W. Green and B. Guerrero.
Those who have been excused were
G. g. Bartlett, J. +. Langston, F. A.
Potter, G. Lambert, w. L. Lyle, +. M.
Kiley, d. M. Ross. j. Steiner and II.
w. Green.
GROWTH OF LITERATURE.
| ton TO- the restitution of child is the
| I,t act - ,,t % h, 80
| the divcrcc oesr of Wilhelmina b. Hall
lence in the father's procuring of the
child's custody are denied. "And Ii,
belize further sayeth,' the answer
proceeds, "rhat all and every the al
legations contained in paragraph five
of said petition based upon the fears
apprehensions' and beliefs of the Ii
bellant ere Wholly false and untrue
al both ends md in the middle. Lii
| belize AYERS that he has no intention
of leaving this Territory or of remov-
ing said infant therefrom, it being his
| purpose t. light the case to the bit
ter end as alleged in subsequent
portion of said petition He further
denies that libellant is without means
to pay costs and attorney, averring on
the contrary that she "is possessed of
both money, chattels and realty, and
receives an income of about $35 per
| month";
WORK FOR PHOTOGRAPHERS.
Tho following amendment to Circuit
| Court rules has been promulgated by
Judges De Bolt and Lindsay:
"That in all probate and guardian-
ship matters in which notes of evil
dence were taken by court stenog-
| rapher, such court stenographer by
whom such notes of evidence were
taken shall make, furnish and file
| transcript thereof in this court within
ten days after the order or decision
of the court shall have been made in
such probate or guardianship matters.'
SUGGESTION OF DEATH.
Upon the summons in bill of inter-
pleader by w. Austin Whiting against
Lee Tat San and others, Deputy Sher-
iff j. S. Kalakiela makes return Of ser
vice on three of the respondents, but
certifes that due and diligent search
for Lee Con Shun and Tam Choy with
in the Island of Oahu had failed. The
officer adds that he is reliably inform
ed that both of these respondents arc
dead. Complainant has 1920 in his
hands belonging to the dissolved CO.
partnership Of Duck Yuen Co., of which
the respondents were members, and, as
they could not agree as to whom the
money SHOULD be paid, he brings the
question into court for settlement. l
COURT NOTES. " i,
Notice of appeal to the Supreme
Court has been given by defendants
Kawananakoa and Kalanianaole in the
suit of Sister Albertina, trustee, and
Stella X. Cockett VS.. David HAVANA
nakoa and others, from the Circuit
Court decree in favor Of plaintiffs.
| An order of default has been made
by Judge Lindsay against the libelleo
in the divorce suit of August johann
son VS.. Emma Johanson.
Judge Lindsay is still trying the
ejectment case of haaiona VS.. Kaaua,
started with jury on Monday.
IT