The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-02-08
THE JURYMEN
WANT LIGHT
Cause Continuance of
Robbery Case in De
Bolts Court.

Il am ready to come here at ten
o'clock tomorrow morning, or at nine
o'clock said Juryman Desky to Judge
De Bolt and the attorneys in the case
of the alleged Chinese robbers on trial
| in the Circuit Court yesterday 1t
had been suggested by the Judge that
he would like to close up the case be-
fore adjournment, but one of the jurors
said he was not clear in his mind as to
whether a Japanese woman witness
had identified two of the men on trial
as the men who committed the rob-
berry. The men charged are Tom Sung,
Chung Hung, ing Hing, Chew Tuck
and Lee Kap. 1t was proposed to have
| the stenographer read the woman's
testimony, and the Attorney General
for the prosecution and Mr.. Douthitt
for the defense had begun to plume
themselves for their argument, when
| Juror Desky broke up their calcu1a-
| lions.
| What would you suggest, Mr..
Desky?" asked the Judge.
well, it is not for me to suggest
replied Desky. Il want to be clear
in my own mind, speaking for myself,
and 1 am willing to stay here now or
to come tomorrow or to do anything
that will clear up this point to my
satisfaction
Il think that the juror is right" said
Judge De Bolt, land although I had
desired to close up the case today, I am
willing to let it go over until tomor-
row morning to get this woman's testi-
mony.'
But you have it." said attorney
Douthitt. TT is a part of record
Don't you want the jury to hear it?''
asked his Honor.
In my opinion" said Desky, 'the
japanese woman was SO confused by
| the cross-examination that she did not
clearly know what she was testifying
to. Anyway, [ want to have her iden-
tify the men and point them out. 1
am willing to have that done tonight,
if you say So
You will have to ask Mr.. Douthitt
and Mr.. Cartright about the confusion
of the cross-examinati on," said Judge
De Bolt, smiling. And at this point
Mr.. Douthitt broke in with the asser-
ton that as q matter of course he
wanted the jury to have all the light
possible.
There was some little talk after that
as to how long it would take to argue
| the case, and then the hearing went
over until this morning to permit the
japanese witness wanted to be called.
1t is understood that her examination
will close the case.
COURT. NOTES
The motion for a judgment in the
petition of Emil KIemme to settle his
title to a lot bought of Frank Godfrey,
trustee for Thomas Metcalf, was denied
by Judge Weaver in the Land Court
yesterday. This is the land on Alakea
street involved in the old proceeding
of Godfrey, trustee, against Rowland,
recently ordered for a new trial by
decision of the Supreme Court. KLEIN
me brought action to have his title to
the lot quoted, and Mrs. Rowland and
James Prosser filed an answer in his
action. Klemme moved for judgment
on account of admission made in this
answer, and upon denial of his motion
his reply was filed in the court.
| Will Prestidge, a native of New Zea-
land, and Carl Felix, native of Ger
/
Judge Dole in the Federal Court yes
| terday.
Exceptions of defendant in the libel
case of Mccarthy VS.. Rosenberg We're
| argued in the United States District
| Court yesterday. The case is one
! brought by Mccarthy to recover about
| $500 damages for men alleged to have
been charmed away from the shipl
Erskine NJ. Phelps by Rosenberg, after
Mccarthy had advanced the money to
them and shipped them in accordance
with the advance. Both men are ship
ping masters. It was claimed by the |
defense that the court had no jurisdic- |
tion as a court of admiralty Ruling |
was reserved.
Attorney Ashford has given notice of |
his intention to appeal the leper habeas |
corpus case to the United States Circuit !
Court of Appeals in San Francisco.
petition for divorce was filed yes
terday by George H. Sanford of Homo |
lulu against his wife Emily P. Sanford |
at present residing al Multi in North |
kohala. They We're married in October |
1898. The ground alleged for the divorce |
is that Mrs. Sanford has been and is |
living in an adulterous manner. No |
correspondent is named
Waiver of jury was filed yesterday
morning in the case of H G. Middle /
ditch. trustee of the Charles j. Her
rick Carriage Co, Ltd. VS.. H. T. Mills.
assumpsit. The case was set for Feb
ruary Is before Judge De Bolt
Mr.. Goodley-"Her age really sur