The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1905-03-03
THE PACIFIC
CLUB case

no dCAAC Ni0b hHuOA AANNAoN NecS
will come up for final argument in the
Supreme Court this morning. 1t will
be argued by Judge Stanley, Judge
Whitney and United States District
Attorney Breckons in behalf of the
club, and by Attorney General An
urews Tor the Territory.
This, it Will be remembered, is the
agreed case carried up from the lower
courts, upon the decision OF which will
hinge the question as to whether the
Pacific Club is liquor dealer within
the meaning of the law, and must
therefore take out license in the reg
ular form, or whether it can claim an
exemption as a regular club selling on
ly to its own members, and therefore
not liable for the license.
The case was tried originally before
the District Magistrate of Honolulu,
who decided upon an agreed statement
of facts that the club came within the
meaning of the law as dealing in
liquor, and must therefore take out a
license. 1t has now been carried up
on appeal, and the decision of the Su-
preme Court should be final There
is grave doubt as to what the outcome
will be for the reason that there are
precedents favoring both sides, every
state seemingly having been law un-
to itself in the matter of liquor license.
JONES CASE DRAGGING ON.
The Jones murder case dragged
Through one more wearisome day yes
terday. The day opened with DR..
Wood on the stand as an expert on in
sanity, the first of the medical experts,
n u q. 4.
animation at 11:30. DR.. Mays was
the next witness in order for the de-
tense, but he was not Immediately at
hand, and so tho case went over until
1:30. A part of DIR. Woods testi-
mony, drawn out by the learned ques-
tions OF Deputy Attorney General
Peters on the matter of insanity, was
listened to with marked attention by
the largest crowd that has been in
the court room since the early days of
the trial. 1t developed that very
large part of the -octor's reason for
thinking that Jones was insane grew
out of the defendant IS apparent delu-
sion as to the infdelity of his wife.
If this matter were eliminated, said
the doctor, the reason for thinking
Jones insane would be very materially
decreased.
DR.. Mays occupied the stand during
the greater part of the afternoon,
speaking to smaller audience. 1t
is the intention of the prosecution to
rebut the expert testimony of defend
ant g medical witnesses with other
medical witnesses, and so it will be
case in the end of doctors disagreeing.
1t is thought that an end will be
reached in the case this week, as the
court began holding evening sessions
last night. At last nights session
DIR. Mays continued his expert testi-
.mony.
COURT NOTES.
"A Japanese of the name of Kondo
pleaded guilty to running an illicit
still, in the United States District
Court yesterday morning, and will
come up for sentence today.
Attorney General Andrews has writ
ten a letter to the President of the
Bar Association, asking that body to
take up the Magoon matter. 1t is
probable that a meeting of the Asso-
citation will be called at an early date.
Alexander Mchay, sailor who de-
serted from the Chilean bark Othello,
was arrested by United States Mar
shal Hendry yesterday upon charge
of being in this country illegally. The
man is an English citizen, and was not
in fit state yesterday to know what he
was arrested for or even whether he
was arrested at all. The case grows
out of the waterfront troubles, and will
perhaps develop further today.
Judge De Bolt yesterday tried the
case of H. u. Middleditch VS.. Wong
Kwai, assumpsit, appealed from the
District Court. A verdict of $50 with
interest was returned for plaintiff.
The amount originally sued for was
$S4.