The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1905-06-09
ATTORNEY
UNDER FIRE
(From Thursdays AdvertIser.)

(From Thursdays Advertiser.)
Another day was spent by S. M.
Ballou, attorney, on the witness stand
under cross and redirect examination
again yesterday, in his libel suit
against Sam Parker. There were
three lawyers-two of them former
judges-to entangle him in his talk
and sometimes the learned witness
would fight to save his own answers,
not always in vain.
Once his attorney, A. G. NJ. Robert
son, objected to a question by ]. AL
fred Magoon. with the remark that the
time of the court was being consumed
by a legal argument between Mr.. Ma
COON and Mr.. Ballou.
Former Justice Whiting keeps tab on
authorities that may be needed for the
defendant, while Robt. w. Breckons,
not as u. s. District Attorney, but a
Territorial practitioner, Is ever alert to
back-up Magoon on the floor when he
is in danger of being overruled.
1t fairly rained exhibits yesterday,
one string in the middle of the after
noon using UP the alphabet as far as
"Vr or wv" A huge map of the Ha-
makua and Kohala watersheds is dis
played upon an easel in sight of the
jury.
Ballou again denounced as false the
assertion in the Parker affidavit to the
effect that he had acted as promoter
and advi er with Parker in an enter
prise wherein he had afterward at
tackled Parker's interests. At the
same time he held he had a right,
under certain hypothetical circumstan-
ces, to accept a retainer against CO.
promoter in an enterprise. Half of the
$4,000 damages he claimed was for the
statement that he was unfit to prac-
tice'' and the other half as punitive
damages, which he did not regard as
too heavy a fine for a man in Mr..
Parker's position to prevent his re-
peating such an offense.
CRIMINAL DIVISION.
Judge De Bolt did not hold court
yesterday.
The following is the order of criminal
cases for trial before Judge De Bolt,
beginning at 10 o'clock this morning:
Kawasaki, unlawful possession of
lottey tickets; Higaki, liquor selling;
Ho Sau San and others, being present
at gambling game; Isabella Be-
cente, liquor selling.
At o'clock there will be. argument
on motion for bill of particulars in
each of two cases against Chang All
and others, maintaining and conduct
ing a lottery.
Nolle prosequis have been entered in
these cases: H. c. Mossman, embez-
element; All Tam ct al, present at
gambling; ]. w. A. Redhouse, larceny
first degree; Manual Ferreira, larceny
second degree
The cases of Mary Manu., larceny
first degree, and Henry Vierra, en-
bezzlement. are both continued for the
term.
KAPPA FOR HIMSELF.
Henry Kapea's plea to indictment Tor
embezzlement has further gone over
until tomorrow. The defendant in
formed Judge De Bolt that he was not
aware whether or not his father had
seen an attorney on his behalf, but If
counsel made no appearance for him
when next his case came up he would
be prepared to make "a full statement
in writing for himself.
DIVORCE GRANTED.
Judge Lindsay granted a divorce to
Mary Hinton against Ray Hinton for
desertion and failure to support. The
couple We're married at Cambridge,
Ohio. June 81, 1899, by j. C. Cawer,
Justice of the Peace. They have never
lived together in this Territory, nor
are there any children of the marriage.
SECOND ACQUITTAL.
Frank c. Bertelmann was for the
second time this term of the Federal
court. under separate indictments,
found not guilty of impersonating a