The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1905-01-10
new TEST ]
FOR JURORS
In Arroyo Murder Trial.
Hama Receivership.
Court Notes.

on qualifications to try Arroyo for the
murder of Riviera were asked by coun
sci for the defendant was il they con-
sidered, under stated circumstances,
that the victim needed llillin'," as
Pudd' nhead Wilson would put it. The
men were Porto Ricans of most disrep
utable class, who quarreled and us
the lomjci1al ending was related to ju-
rors, Arroyo having been knocked down
shot Riviera, who was coming at him
with threatening motion of hand to
hip pocket. INJECTING a wound that
caused death.
The Attorney General objected to the
line of examination, arguing that the
Jurors were being questioned on the
law of defense, though, If impan-
vlled to try the case, they would Ice IN
der oath to take the law of the case
from the court. Judge Robinson ruled
against the objection, considering that
| there was an element Of fact in the
! WITCH ti-C tNiSiiSV Shebi-
lenged a juror who said the menaces
of the victim would have TO be "decis-
i've, land If not so, the person who shot
kim would have to show he was insane
from fear at the moment of shooting,
the court denied the challenge for
cause.
|
ONE PANEL EXHAUSTED.
Eugenio Arroyo was put on trial for
murder in the first degree before Judge
Robinson yesterday morning. Attor-
ney General Lorrin Andrews appeared
for the Territory, and l.. M. Straus for
sixteen jurors were called, of whom
four were excused for cause--F. E..
King for opposition to capital punish
ment, Charles Gridler on challenge by
defense allowed, j. S. Azevedo because
he sat on the Coroner's inquest, and
William. J. Karratti for unfamiiarity
with the English language.
In the afternoon L. r. A. Hart and
L. x. Sheldon, both part Hawaiians,
ayr wed scruples against capital pun
ishment and We're excused. The panel
was then exhausted with eleven jul.
rors sitting in the box, and a special
venire for fifty more jurors was issued
and made returnable at 10 o'clock this
morning.
OTHER CRIMINAL MATTERS.
Hama Kealoha, found guilty of bur-
glary, was sentenced by Judge Robin
son to be imprisoned at hard labor for
two years.
Domingo Ferreira, Indicted for ARRAY
with John Cabral, pleaded not guilty.
REDWARD'S CONTRACT LIENS.
In the suit of Theo. H. Davies & Co..
Ltd. VS.. f. H. Redward, defendant
and F. NJ. Swanzy, garnishee, the gar
nishee has filed an answer. Summons
was served upon him August 81, 1908
when he had in his possession $5755.14
balance due defendant on contract price
of dwelling house and outbuildings
at Manoa. This balance he kept t,
cover amounts due persons who hao
filed liens on the buildings. Suisse
quent 10 the above date he paid to GER
tain lien holders, who had brought
suits, an aggregate of $42l9.99. There
remains in his hands u balance o.
, s1535.15, but prior to the institution o.
the present suit a suit was filed by
Constant Sterling against defendan
and garnishee to enforce a lien o!
{ SEF74S, with interest from January 4
1903, and any judgment therein viii
constitute a prior lien on the fund
Therefore, until judgment has beer
rendered in the Sterling suit it is i'm
:. possible to determine what sum, If any
; will remain in the garnlshee's hands
: subject to the Davies claim.
| COURT NOTES.
? In conformity with the Suprem,
Courts decision in the case Judge d,
Bolt filed a decree overruling the de
murrer of L. b. Kerr to the petition
of the Territory of Hawaii for an in
junction. Defendant is given ten day
in which to answer the petition, which
: prays that he be enjoined from build
ing a seawall below high water mari
at Waikiki.
Judge Robinson. at 8 o'clock thi
y morning, will near the petition of Z. A
Mott-Smith, receiver of Hama Planta
9 ton Company, for allowance of &C
q counts and discharge. The receiv,
asks TO be allowed s44,S35.96, an,
y charges himself with $42, 566.s6. He hor
/ rowed s27,955.O9 upon receivers certifi
d Gates from NJ. S. Grinbaum & Co., LTD
9 After argument by Mr.. Peters for II
q bellant and Mr.. Achi for libellee, tn
motion of libellee for reduction of ali
e moIy and of attorneys fee in the di
II vorce case of Louisa Watson VS.. Dav:,
Watson was withdrawn.
Judge Robinson granted permission
of withdrawal and a new motion vii
filed,
J. 1t is stipulated in the mortgage fore
e closure suit of ]. F. Hackfeld, trustee
N VS.. c. S. Desky. trustee, and w. VOL
tiers, that respondent Wolters may hav
e ten days after January 10 in which I
/ plead. demur or answer,
It Plaintiffs in the suit OF Hoffman
n Rothchild & Co. by their individual
names. against Leechu, give notice I