The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-03-28
DAY IS SPENT
GETTING A JURY
Ahrens Has Two Challenges
Left - Campbell viii
Dispute, Etc.

/ When Deputy Attorney General Pros
ser exhausted the last challenge for tn,
prosecution in the second of the shiI
| Claverdon burning cases, at 4 O'Clock
yesterday afternoon, there was no juror
| left of special venire brought in a.
o'clock, the regular panel having Civ.
| en- out in the forenoon. Judge Robin
son ordered a second special venire, Of
| fifteen men, returnable at 10 O'Clock this
| morning. The defense has but two
challenges left. Both sides in then
| turns waived two or three challenges
each.
Twice Mr.. Lightfoot for the defend
ant announced that the jury was salts
factory to him. This was just before
the special venire was exhausted. Mr..
Prosser's last challenge retired Emil
Ruething, a native of Holstein, Prussia,
had passed the juror for cause after
questioning him relative to any infiu-
ence the fact of the defendants German
nationality might have on his verdict.
Carl Ahrens, although the second of
the two accused to be tried, was ar
rested as the principal. The men were
indicted jointly, but their respective
counsel asked for separate trials. At
the trial of Guerre, acquitted on Tues
day, no motive was shown. On the
contrary he was one member of the
Claverdon's crew who had been on par
ticular1y good relations with Captain
Thompson throughout the voyage. He
was an intelligent young Frenchman
who had gone to sea for the purpose of
gaining information.
Whether the prosecution has a
stronger case against Ahrens than it
had against his shipmaue, only the trial
will develop.
CAMPBELL WILL CASE.
Alice E. K. Macfarlane by her guar
dian ad Item, S. Fl. Derby, enters a
demurrer to the bill for construction
of the will of the late James Campbell.
which the compliments seek instruc
tions are res adjudicata, and that none
of the respondents are entitled to any
share in the income save from and after
the 2Sth day of July, 1905, as no prop
erty vested in the trustees until that
date. 1t is further contended that the
Circuit Court, sitting as a court OF
equity, has no power, in the absence Of
fraud or mistake, to modify or amend
the decree of July 8, 1905, discharging
the executrix and executors and direct
ing them to dis! ribute the estate to the
trustees, that therefore the admins
tration cannot he deemed to have clos
ed nor the estate to have vested in the
trustees before that time, and that
hence no legal doubt can exist as to
when said events shall be deemed to
have taken place and no cause of suit
is stated in and by said bill of COM
plant"
E. NJ Watson, guardian ad Item of
the Kawananakoa minors, has filed a
demurrer in different words but to the
same effect as the foregoing.
THE CHRISTLEY ESTATE.
In the matter of the bill for con-
struction of the will of Thomas Christ
ley, deceased, brought by Richard H.
Trent executor and trustee, against
Lizzie Christley, Llewellyn Christley,
a minor, and Cecil Brown, admins
traitor of the estate of Beatrice
Christley, deceased, Judge Lindsay
has appointed A. G. NJ. Robertson as
guardian ad Item for the minor. to
appear for him and protect his inter-
ests in the cause. E. M. Watson is
attorney for the petitioner in the BILL |
THE CLOSING TERM.
c. f. Peterson V. aKalai Athena, as |
was continued for the term |
by agreement of Mr.. |
Thompson for plaintiff and Mr.. Peters
Tor defendant This having been the |
asst case set for jury trial this term, /
Judge De Bolt discharged the jurors |
With thanks for their services. The
ERIN expires on Saturday.
SAVING IN PRINTING.
There will be no printed calendar is
sued for the April term of the First
Circuit Court, at which Judge De Bolt
S to preside, Judge Lindsay try civii
,ases and Judge Robinson look after
he chambers work. 1t has been
tgreed by the judges to have but one
'alendar each year. A saving of from
400 to 5000 in printing is estimated to
'esult from the plan.
For the April term, a court copy Of
he January calendar is taken. Cases
disposed of are marked as so with a
ubber stamp. Those in which jury
las been waived has that fact noted
With a pen. New cases are inserted
m typewriter slips pasted in. Be
ides these devices lists of cases set
or trial will be posted at the court
DOM doors and attorneys engaged
herein further notified by lists sent to
hem.
BUTCHER SHOP REPLEvIN.
In the replevin suit of Uchiyama
loozo V. Takahashi Kotaro, Judge
lindsay rendered decision that the
laintiff have restitution of the prop
rty claimed, with damages of $50 and
osts. The property was a butcher
hop on Waialua plantation, with a
.itchen and three bedrooms, the build
ng being valued at $3.50. Damages of
1900 We're claimed on account of
effects and loss of business,
nd $3.50 additional if the property
ould not be restored in as good con-
ition as when taken from the plain
~ |