The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-01-27


the trial was continued until 10 O'Clock
this morning.
All local newspapers. before they are
given to the jurors at their hotel OF
elzew here. must have everything IN
the way Of reports Of the trial and
references thereto excised by the
BaiIif
Liquor-spirfts. wine or beer as de-
sred-n.ay be furnished in moderate
allowance. at the discretion Of the
baiIif, to jurors at their temporary
lodging place and at their meals. II
is understood that no liquor in quanti-
~ for social drinking will be permitted
IL the tury's hotel apartments, the
privilege being limited TO the serving
OF an appetizer before meals, or the
usual table beverage at meaItfmes, to
those accustomed TO such indulgence
Mr. Peters brought up the drink
question, while the jurors were outside
of the courtroom, just before adjourn
rnent for the day, and it was quietly
discussed between court and counsel
with the conclusion above reported
The matter of newspaper censorship
was introduced by Mr. Peters in the
presence of the jury at its empanel-
ing.
Bailiff Glenn. x Quinn has an one
rcus dual responsibility thrust upon
him i'll guarding the jurors from an
excess Of either intelligence or stimu-
Il ton.
DYNAMITE CASE CLOSING.
At 9 o'clock this morning the jury
trying Lupini Gomez for dynamiting
the home of his wife's folks will con-
s:der its verdict. ]. A Magoon for the
defense and Attorney General An
drews for the prosecution had con-
Guided their addresses, and Judge De
Bolt his charge to the jury, by 4:25 p.
m. yesterday, when, at the request Of
the Jurors. the trial was continued
until the time just named.
There are but eleven Jurors conc!ud-
ing the trial. Directly after noon re-
cess yesterday Juror M. Brasch asked
to be excused and the court, upon
mutual consent of counsel, granted the
request.
A motion for discharge made by Mr.
Magoon, when the prosecution had
rested, was after argument denied.
FIGHTING PAST FORECLOSURE.
James Brown has made answer to
the petition of J. NJ. Dowsett, trustee,
for a writ of assistance to place him
il possession of certain Young street
premises. Charles Creighton is re-
spondent's attorney. The respondent
believes on information that there was
a suit entitled j. NJ. Dowsett, trustee,
VS. Grace y. Brown, but has no per-
Sonal knowledge of the fact. He says
the same thing relative to the appoint
ment of P. D. Kellett Jr. as commits
sioner and his sale as such of the
property to Henry Holmes for S2500,
with delivery of deed, etc, therefore
denies these matters.
The respondent denies that the petit
ticner had produced or shown to him
the alleged deed, but alleges that on
July s, 1904, James F. Morgan came
to the premises in question, the resi-
dence of respondent, stated that he
was acting under power of attorney
fl ON Dowsett whom, he Informed re-
spondent, was the owner of. the prem
ises and on behalf of Dowsett de-
manGed possession thereof The re-
spondent admits that he refused and
still refuses to surrender such posses
sion.
Morgan at that time, Brown alleges,
read a portion of a paper to him pur
porting to be some order of confirma
ton of an alleged sale to DoWsett, but
the respondent has no recollection of
the contents of the paper, and he al
leges that Dowsett has not at any time
produced, shown to or served upon
him the alleged decree, writ or order,
notice of sale or deed.
Finally, before his prayer to be dis
missed with costs, Brown says that,
although as alleged in the petition he
was "a party to and joining in the
said to have been foreclosed. |
he was not made a party to the suit
or cited to appear therein, nor did he
receive notification of the institution
oe the suit, nor did he appear in any
manner therein.
This suit is peculiar in it's title The |
writ OF assistance, is an old equita- |
BILE remedy, but in this instance is
used in Hawaii probably for the first
time.
DISPUTED CARRIAGES
William Henry, High Sheriff. by his
Kinney, Mechanism & |
Cooper and H. CT. Middleditch, answers
the complaint of W. G. Irwin for re-
plevin of certain carriages. He denies |
that he mas unjustly, or contrary to |
law or the rights of the plaintiff, |
taken into his possession or connected |
into his own use the property de-
scribed in the complaint, though ad-
hitting that he did take the property |
into his possession, and he denies that
the value of the property is only $500
and alleges that it is $1,000. The re-
spondent further says that Irwin is
hot the owner OF the property, but
that it was lawfully levied upon under