The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1905-06-13
5. PARKER
SIDE NOW
(Fron saturdays Advertlser.)

suit, the case for the defendant Is now
in progress. Plaintiff rested at 1o:45
a. m. yesterday after the examination
of @. b. McClanahan, concluded from
Thursday, and that of w. r. Earring
ton.
j. Alfred Magoon for defendant NOV
ed for non suit. which Judge Lindsay
denied. Then, after an opening state
ment by Mr.. Magoon, the defendant
called Herbert Gehr. Henry Holmes, j.
S. Low and ]. t. McCrosson. At 4
p. m. the trial was continued till Tues
day morning.
From the exertions made On both
sides to bring out evidence bearing
on the identity or otherwise of the
Hamakua and Kohala irrigation
schemes, it would appear that at least
the legal issue of the case will turn
upon that point.
Jack Low raised a laugh when asked
about the printing of three affidavits.
of which Mr.. Parker's complained of
He said he understood 1t was to supply
A. w. Carter's attorneys in the guar
dianship case. In answer to the ques-
ton of how many attorneys Carter
had, the witness said:
II don't know. They were accumu-
lating all the time"
Parker supplied the data for his affi
davit and was given opportunity to
revise 1t before signing the document.
Magoon drew the affidavits of both
Parker and himge and accompanied
the witness to the Bulletin Office. where
they bargained with Editor Harrington
for printing the copies and running the
matter in the paper. Harrington want
ed $50 for publishing the affidavits, but
witness would not pay such a price.
Parker's affidavit was sent up to Tan
talus for signature and acknowledge
ment. The motive of the affidavits
was to reply to charges against their
makers in the pleadings of Carter.
Attorney Holmes testified about ne
gotiations regarding the Booth option
in the ditch scheme giving as his I'M
derstanding that Ballou was one of
Parkers attorneys with whom he
dealt.
movers in the ditch enterprise, said
he had been in the Hawaiian Islands
off and on since the year 1880. In July
or August of that year he began to
investigate the water resources of the
Kohala mountains, lying partly in
Hamakua and partly in Kohala. His
first idea was not water for irrigation,
but for fiuming cane. The witness Gre
;ated a sensation by using a most
sacred smile to emphasize his convic-
ton of the inseparable identity of the
HamalSna and Kohala water PROPOSE
tions.
KEAwE ON TRIAL.
Joseph Keawe's trial In the Federal
Court for the embezzlement of about
5000 of postal money order funds while
he was postmaster of Hookena, Ha-
wall, proceeded yesterday to the close
of the prosecutions case. At that point
Mr.. Ashford moved for a directed YER
dict of acquittal, which was denied.
The trial will be resumed this morn
ing.
All of the defendants peremptory
challenges had been exercised before
the following jury was obtained: Ed
ward Lofquist, VIM. H. Charlock Jr.,
W. r. Riley, e. r. Biven, Alfred r.
Gurrey. John Emmeluth, w. w. Hall,
Alonzo Gartley, Chas. A. Simpson, f.
L. Cutting, NJ. j. Bissell and Frank C.
Poor.
KAPPA HAS COUNSEL.
Henry X. Kapea's plea to indictment
for embezzlement was continued from
yesterday to Tuesday next. A. G. NJ.
Robertson and j. ]. Dunno are his
and s. NJ. Ballou will assist
the prosecution.
The case of Kawasaki unlawful pos
session of che ia tickets, was contin-
1ed for the term.
Judge De Bolt adjourned court at
1920 till a. m. today.
CoPIoUS PLEADINGS.
Sam Kaaloa makes affidavit in the
Male ct al VS.. Carter ct al case that
ne served on Henry e. Highton and C.
W. Ashford copies of motion for bond
and order requiring injunction bond. |
Mechanism & Cooper for de-
in the same case have filed
/ bill of exceptions with notice that !
hey will present it for argument be-
fore Judge Lindsay at Q o'clock this |
Highton and Ashford in the same |
,ase file objections and exceptions to !
notion to dissolve restraining order.
They offer seven grounds in several
each, allege that ques-
ions not adjudicated previously are
contained in the complaint, charge |
hat portions of defendants motion are |
and, finally, move to strike |
,It certain specifications and parts of |
lfidavits.
PARTICULARS FURNISHED.
John Ross by his attorneys, ]. AL
red Magoon and J. Lightfoot, filed
10Th general denial and a motion for
| bill of particulars in reply to the
complaint of w. l. Whitney, admin
strator Of the estate of c. Ali, de-
eased.
Castle & wilmington for plaintiff
ave filed the bill of particulars. 1t