The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1905-02-07

last June, are Chung Hing. All Kap,
Tom Sing. Mau Leah alias Chew Tuck,
ing Hing, Cheng Choy and All Nam.
At the outset nolle prosequi was en-
tered by Attorney General Andrews for
each. Cheng Choy and All Nam. S. F.
|Chillingworth appeared for Chung Hing
and j. w. Cathcart for All Kap. The
remaining three had no counsel and the
court assigned L. A. Douthit to defend
them.
The following Jurors, after four per-
emptory challenges by the defendants,
were impanelled to try the case: M.
]. Bissell, ]. w. Rankin, Jno. NJ. Aiu,
e. Ingham, C. O'Sullivan, C. S. Desky,
Thompson, l.. NJ. Vetlesen, +. NJ.
Cheatham and C. j. Willis.
ONE RoBBER CoNFEssEs.
At the opening of the afternoon ses-
sion. but one witness having been call
ed previously, Chung Hing asked leave
to withdraw his former plea of not
guilty and enter one of guilty This
was done and the sentence of the con-
fessed robber postponed till the close
, of the case.
The trial of the remaining four de-
PENDANTS had but fairly started when,
at 1856 p. M, the court adjourned un-
til o'clock this morhng.
TESLA LIBEf. CASE.
Attorney General Andrews yesterday
morning called up the Tesla libel case.
in which a mistrial was entered last
week. Attorney Stewart for the de-
Tense objected that he was not ready,
claiming some consideration on his
own account from being occupied with
County Act Commission business.
| Mr. Andrews said that he always
wished to give defendant a speedy
trial after mistrial. Mr.. Stewart ex-
pressed the opinion that 1t might be
difficult to obtain jury after all that
had been published about the case.
Judge De Bolt set the case for this
day week.
Notice was given by the defense of
intention to move that the case be
transferred to Judge Robinson
AVOID PENALTY.
| A plea of guilty entered before Judge
Robinson was a surprise to the Attor-
ney Generals department In the case
of the four partners of Y. Wo Sing
Co., against whom summons was ex-
ecuted on saturday for violation of the
law requiring the registration of part
lnerships in the office of the Treasurer.
On their promise that they would COM
ply with the law forthwith, sentence
was suspended for thirteen months on
motion of Deputy Attorney General
Peters.
MORTGAGE FORECLOSURE.
Allen & Robinson, Ltd, has brought
a bill for foreclosure of mortgage
against c. X. Benz. Julia Opunui, Thorn
as Kalaluhi, Makakoa Kalaluhi and
w. l.. Peterson. The debt is on note
for 1886 payable to the order of Samuel
&. Allen three years after August 25
1897, with interest at zone per cent a
month, secured by mortgage of land
at Auwaiolimu, Honolulu and at date
of complaint the interest amounted ia
$15S.S7. Besides principal and interest
the PLAINTIFF claims all costs of pro-
ceedings and a reasonable attorney
fee. and asks for leave to bid at the
sale and the entry of a deficiency judg-
ment II the proceeds come short of the
aggregate claim. The respondents
other than Benz are summoned as
claimants against the property.
THE LAND COURT.
Emil Klemme, petitioner for title In
the Court of Land Registration, has
filed motion to strike from the files
the alleged answer of James Prossei
and to require Helen Rowland and hei
attorneys to show their authority fol
representing Prosser, concluding by
praying that judgment be entered fol
petitioner and against Helen Rowland
and Prosser. c. F. Peterson Is attor.
ney for petitioner.
; Lyle A. Dickey. examiner, has filed
a report on the petition to register @
lease from Estate of s. G. Wilder, Ltd.
to Wilder's Steamship Co., Ltd, Of As,
sos square feet OF land at Kahaohao
Honolulu, for 20 years from Sept. 30
NJ 81