The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-01-18
DISPUTE On
LAW TERMS
Jaw.Breaking Occasions
Much Jaw-Waggine
in Court.

| fore Judge Robinson yesterday on the
charge of disabling a member of the
body with malicious intent Deputy
Attorney General Fleming appeared for
the Territory; Henry Hogan, assisted
by Harry Mossman, for the defendant
The following jurors were sworn to try
the case:
J. Ordenstein, VIM. c. Cummings,
Archibald A. Dunn, Walter c. Gilman.
Alfred w. Simpson, Uaia Napoleon,
Archibald S. Robertson, James Haugh-
ton, w. r. Waters, z. o. White, E. P.
Chaplin and James Lemon.
Immediately after the swearing of
the jury Mr.. Hogan moved for a di-
rected verdict of acquittal, on the
ground, in general terms. that there
was no such offense in the laws of the
Territory as that charged. While the
question was being argued the jury
was excused from the courtroom.
Argument took so long that the
jurors were sent home. Judge Robin
son ruled against the motion and will
make his ruling formally in presence
of the jury this morning.
The particular act with which Santos
is charged is striking a man in the
mouth, in which the man held a pipe,
SO that he broke the mans jaw. Mr.
Hogan contended that this would not
make defendant guilty of the crime of
mayhem.
IF L throw this inkstand at my
friend Simonton," Mr. Hogan said,
that would be assault, and if it hit
him it would be battery"
CONFESSED AS THIEVES.
Chung Lum and PAX Wan, indicted
for burglary in the first degree, with
drew their plea of not guilty and in |
stead entered a plea of guilty of lar
ceny in the first degree. Judge Robin
son sentenced them to eighteen months !
Imprisonment each. Deputy Attorney |
General Fleming for the Territory; S.
F. Chiilingworth for the defendants.
PARTNERSHIP ACCOUNTING.
Relative to the bill for accounting of |
Louis Whitehouse VS.. John H. Wilson,
it was stipulated by Thompson &
Clemens for plaintiff and A. G. NJ Rob
ertson for defendant, and Judge Lind
say has ordered accordingly, that the
court might appoint w. r. Sims as
master to examine and report upon the
books, papers and vouchers pertain
ing to the partnership accounts of the
firm of Wilson & Whitehouse, so as to
make up an account showing what, if
any, balance is due from one to other
IF the, parties.
TO ENFORCE SALE
An amended declarat ton has been
lied by E. A. Douthitt, attorney for
plaintiff, in the suit of John c. Searle,
is sheriff of the island of Hawaii
against August Hamburg. 1t is an ac-
ION to recover one thousand dollars
or which property of the Kohala &
lilo Railway Co, sold under execu-
ion on February 9, 1905, was knocked /
own to defendant as highest and best {
bidder 1t is alleged by the FORMER
her1f that he made a tender of deed
nd demand for the bid, on February
I at H1lo, to August Hamburg, de-
7ndant, but he refused and still re-
uses to accept the deed or to pay the
honey. i
The execution in question was on 6
alignment in favor of James E. Fuller
on and against Kohala & Hilo Rail- e
-ay Co. for $2549.25, and it is stated f
the declaration that this Judgment +
as not been satisfied except for a 5
ayment of $1,000 on account.
COURT NOTES. t
Judge Lindsay has dismissed, for :
ant OF prosecution, the appeal of
a1ntiff from nonsuit granted to de- '
endant by District Magistrate Aikue I
koolaupoko in the suit of Lula Ka-
ukoa Waianukea against Imamoto, D
aiming $54 for goods taken and 500 a
amages. d
Defendants motion for new trial of $
odfrey VS.. Rowland was argued be- t
re Judge Robinson yesterday after V
BON, McClanahan and Derby for the
otion and Clemens against. e
Judge Lindsay began the trial of f
e Wo Lun Co.'S damage suit against W
M Henry as High Sheriff yesterday, c
lthout a jury. Watson for plaintiff :;
lompson for defendant. e
The Schaffer divorce case was partly VI
ard by Judge Lindsay and continued w
/ Friday. O
The Peacock corporation case stands ii
r further submission on briefs before
dge Robinson. g,