The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-03-23

Progress in Empaneling
Jury for Murder
Trial.

At 2:30 p. m. yesterday the second
special venire of jurors in the john
son murder case became exhausted,
when Judge Robinson ordered a third
special venire and the names of the
following jurors, to appear at ten a.
m today, were accordingly drawn:
John H. Markham, David Motley,
Henry D. Silliman, Chas. Pfeiffer, O.
c. Swain, Chas. Valpoon, John Neill,
A. 3. Doak, Henry Foster. Henrik
Gumpfer, Henry c. Carter, VIM. Az
len, Julian D. Harries, Geo. w. Scott,
Jas. d. Cockett, j. r. Logan, Fred. J..
Smith, d. o. Sherman, ]. w. Nc
Donald, Fred. c. Clark. Bertram Won
Damn, Alex. Gardner, John Brown,
j. w. Mcclure, Chas. w. Booth.
The following were called into the
box yesterday and excused for cause:
Arch. A Dunn, John VIM. Smithies,
A. G.. Kannegeiser. Bruce Hartman,
A. C. Dowsett and Uaia Napoleon.
Charles J. Ludwigsen and H. E. Cares
passed for cause. Mr. ProSSer for the
prosecution peremptorily challenged
Chas. F. Merrifield. Mr.. Harrison for
the defense challenged E. A. Lloyd
and VIM. Rose.
There are three more challenges
available for the prosecution and six
for the defense. with one vacancy in
the box. Judge Robinson, in giving
the usual admonition against talking
about the case outside, remarked that
some of those then in the box were
certain to sit on the trial of the case.
There must be two such and proba bly,
there are more, as future challenges
may be of jurors yet to be called and
passed.
PARKS TEST CASE.
Judge Lindsay denied the motion to
quash and the demurrer of respondent
in the mandamuS suit of the Pacific
Oil Transportation Company against
James Bicknell. Auditor of the Coun-
ty of Oahu. Respondent was given
five days to answer. County Attorney
Douthitt wanted leave of court to take
an appeal from an introductory decree
to the Supreme Court, but Judge
Lindsay would not entertain the sug-
gestion.
Attorney General Peters, appearing
for petitioner. complained of the mo-
ton and demurrer as being dilatory
tactics such as should not have been
expected since the county authorities
appeared anxious to have an early set
Element of the dispute. AS previously
reported, the case is to test the au-
thority of the county to make ap
preparations for parks that are under
Territorial control.
Mr.. Douthitt'S reply to the accusa-
ton of delaying the proceedings was
in effect that he was bound by his
office to take every advantage of posi-
ton for the county which he could.
MOTLEY WILL CASE.
The Motley will case was before the
Supreme Court yesterday on the mo-
ton of proponents to quash the writ
of error for taking the case to the
United States Supreme Court 1t was
argued and submitted. Holmes &
Stanley for the motion; Kinney, Nc
Clanahan & Cooper and Holmes &
Stanley against it.
Blessing WILL CASE.
In the Blessing will case Lila Souza,
executriX, j. Alfred Magoon and Sing
Hop Wal, defendants, have answered
the bill of Henry Phillips ct al, plain
tiffs. They deny that plaintiffs are the
only issue of Anna Blessing and allege
that she had two other children who
died prior to her-namely, Annie and
Violet-and that she was sole heir of
these children. They deny that the
premises mentioned in the bill were
devised by John Blessing to Anna
Blessing for her natural life, and al
lege they We're devised to her in fee
simple. They allege that the true
construction of the will of John Bee
sing is that it vested the absolute fee
simple of the property in Anna Bee
sing.
THE AUTOMOBILE SUIT.
Judge De Bolt heard the motions of
defendants to Cuash service of sum
mons in each case, in the damage
suits of w. c. Weldon against Mr..
and Mrs. c. w. Chaplin of New York
E. NJ. Watson for the motion, and A
Perry contrary. Plaintiffs suits are
on account of injuries from being
thrown by his horse, frightened, as he
alleges, by an automobile driven on
the wrong side of the road. in Kapio-
lani park, by Mrs. Chaplin. The mo-
lions were overruled by the court.
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