The Hawaiian gazette., 1907-12-20
CASE Of MARKS
IS SHUNTEO OFF

u 6. Judge Dole overruled a motor
by counsel for John Marks TO restore
the original order with reference K
his custody. An order was made or
Tuesday whereby Marks could be pro-
duced in the Circuit Court to be tried
for cattle stealing, while in custody
of the u. s. Marshal or an assistant
under the pending writ of habeas cor
pus to nulnfy Marks sentence in the
Circuit Court for horse stealing.
Judge Lindsay. Attorney General
Hemenway and High Sheriff Henry
were present in the Federal Court dur
ing the proceedings. NJ. F. PrcsseI
appeared with County Attorney Cath
cart 10 oppose the motion. Geo. A
Davis. with whom E A. c. Long is
associated for the defense in the cattle
stealing ease. argued for the motion
One point that the court allowed was
well taken was that Marks, while In
custody OF a United States officer in
the Territorial court, could not be
punished for contempt II he became
disorderly, shouting" or otherwise
cutting up.
Mr.. Cathcart turned this point with
the remark, causing a smile all round
that shouting in court" did not APP
near To be regarded as contempt. The
application OF this remark was evil
IDENTIFY regarded as intended for oppo-
site rounseTs defamation, the echoes
Of which had scarcely ceased to ring
through the temple OF justice. which
contained this startling passage;
Mounted police and swarms of paid
spies are floating in the air and suck
ing the life blood out OF the tax
pa~srs."
After the Federal courts decision
the cattle stealing case was again
called before Judge Lindsay. on mo-
ton OF the defense. the prosecution
not opposing. the case was continued
for the term.
THE RoSECRANs HOMICIDE.
In the case Of John Wynne, charged
in the United states Court with the
murder of 4. F. McKinnon on board
the steamer Rosecrans, f. Z. Thomp-
son for defendant yesterday presented
a motion 10 compel election by the
prosecution on what count the trial is
10 proceed 1t was alleged that the
several counts Of the Indictment differ
ed essentially as 10 the place the al
legged homicide was committed. Judge
Dole took the motion under advise
ment
The Federal court adjourned to 10
O'clock this morning, bur as the jury
is excused until tomorrow no trial will
be held today.
Goo Wan Hoy's trial for misuse Of
the mails is set for tomorrow.
TEN INDICTMENTS.
Before Judge Lindsay adjourned
court yesterday the grand jury came
in with ten indictments, which We're
placed on the secret file pending the
arrests of defendants. One is for gross
cheat, one for receiving stolen goods,
several for different degrees of bur-
glary and one for a heinous social
crime.
THE DIVORCE MILL.
Judge De Bolt made an order in the
divorce case of Solida Klaus against
Carl William O. H Klaus, requiring
the defendant to pay s25 attorneys
fee, Sl7 costs of court and so a week
alimony pending the decision. Gus
tody of the minor child is also award
ed TO the plaintiff in the meantime.
Extreme cruelty and habitual drunken
ness are the causes of divorce alleged
against the defendant by Mrs. Klaus.
They were married January 90 1906.
Mrs Calasopa's motion presented by
s. F. Chilingworth, for an attorneys
g. % IN lafa he
suit brought by her husband, was
granted by Judge De Bolt.
Judge De Bolt granted divorce to
w. c. Kaululua against NJ. 1. Kaulu-
lua-
All 10y sues Annie Waikapu for d.
vorce on account of desertion.
PROBATE MATTERS.
The estate of A. H. Loo Ngawk, de-
ceased. is valued at s47,36S.61 by H.
Armitage. Job Bachelor and F. F.
Fernandes, appraisers
L. See Lung was appointed by Judge
De Bolt as guardian of All Kow Ho
zee, a minor, whose estate contains
sS14-so in cash, being his share of life
insurance left to him and another
child by their mother.
COURT ITEMS.
A general denial is filed by defend
ant in the damage suit of Catalina
Mejea against L. NJ. Whitehouse on
account of personal injuries to plain
tiff while working at Nuuanu dam.
Judge De Bolt gave judgment for
defendant in the suit OF j. Makainai
against Goo Wan Hoy. w. c. Achi
noted an appeal.
Matters before the Supreme Court
this morning will be a motion for
mandate by plaintiff in the Injunction
suit of o. R. & L. CO. against James
Armstrong, and submission on agreed
statement of facts in the suit of
Father Valentin ct al, executors and
trustees under the will of John Ena,
against Maria K Ena-