The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1907-03-08

of lumber had been imported, $4,000
feet for Hackfeld & Co. and $1,000 feet
for Levers & Cooke, the rebate OF 81
a thousand being allowed throughout.
Breckons wished to show from this
that when the combined orders of the
three firms under investigation or of
two of them amounted to over 10000
feet the 81 rate was given. This pre-
cipitated another argument among the
attorneys. Morse was under the i'm
preston that the rate was allowed be-
cause the shipment was to make up
shortages of other orders.
Ae the rate the investigation is
proceeding it will probably be weeks
before the conclusion Is reached.
DEATH MAY BEAT VERDICT
From the report of the Territorial
bacteriologist. DR.. Mcdonald, as to the
serious condition of Mrs. Kaipu, a pa
tient at the Kalihi receiving station, it
is probable that the test case as to
the segregation of suspects will prove
abortive. This case has gone through
the Territorial courts and Is now up
to the United States Supreme Court for
decision. Upon the verdict Of the Su-
preme Court depends the fate of the
ia w VI SC5iO6otioh, IL HoSt AhPoi tehht
matter to the Territory.
Word comes from the Kalihi station,
however, that the condition of the ap-
pellant is so serious that death may
come to her at any time, and should
this occur before the Supreme Court
has moved in her case the matter will
be dropped at once.
CONDOR CITES SIXTH AMEND
r. w. Condor, through his attorney
a. S. Humphreys, demurs to an
amended complaint issued against him
by District Magistrate Whitney, in a
charge of interference with police Of
ficer. The demurrer takes the same
grounds as that taken in the case
against Joe Clark for Sunday liquor
selling, inasmuch as the amended COM
plant is not specific in its description
of the charge SO as to enable the ac-
cused to prepare a defense, thus deny
ing him the rights guaranteed In the
sixth amendment of the Constitution
of the United States.
The demurrer has been noted on the
calendar for hearing before Judge Rob-
inson tomorrow morning.
A DEAD MAN FOR CLIENT.
Judge Dole handed down decision
in the United States court yesterday
afternoon dismissing the motion to
override the libel in the admiralty
matter of Weedeman against the s. S.
Nebraskan, in which the libelant asks
for damages for being injured during
the unloading of the vessel in this port
in December last. Regarding the point
raised as to the constitutionality of the
law he asked that counsel Breckons
Stanley and Davis file briefs before
March %.
Following this decision w. L. STAN
ley announced that the libelant in this
case had died since leaving Honolulu.
This appeared to be a surprising piece
of news to Davis, his attorney but
will not be allowed by him to inter-
fere with the continuation of the mat
ter
COURT NOTES.
U. S. Marshal Hendry left yesterday
afternoon for Waimea, Kauai, to sub
poena witnesses wanted In the dredger
libel suit.
A warrant for the arrest of four de-
serters from the British bark Inver-
amsay is in the hands of the U. s.
Marshal
Judge Lindsay sailed yesterday af-
ternoon for Kauai to hold the March
term at Lihue, his presence having
been necessary owing to the illness of
Judge Hardy, of the Fifth Circuit. He
was accompanied by G. D. Bell, court |