The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-12-07
NE|GHBORS FALL
OUT AND FIGHT
Feud Ends in Court---LiquOr
Law Case--The Gutter
Ordinance.

| neighbors at Kalihi, on the Eva roaC
near Kamehameha Schools. came VI
for judgment from the Honolulu Dis
trict Court to Circuit Judge Lindsay
yesterday. It came in the guise of an
assault and battery case, in which the
defendant was fined $50 and costs be-
low, but as only the complaining wit
ness and the defendant testified above,
with pointblank contradictions of each
other, Judge Lindsay decided in SUBJ
stance:
Before jury a criminal case must
| be proved beyond a reasonable doubt.
In this case I don't know which of
| these men is telling the truth, and this
finding amounts TO a judgment of not
guilty.
Manuel Rodrigues was the complain
ing witness. He said he was going
along the road when he noticed Frank
NJ. Santana, the accused person, driv-
| ing up in a wagon. AS Santana came
opposite to him he saluted him with
the remark, This is a good time for
us to settle accounts" With that San
tana jumped from his wagon seat to
the ground, having in his right hand a
whip the handle of which had butt
an inch and quarter thick. Santana
punched him in the head, throttled
him and pushed him into clump of
glue bushes. They fell together in or
alongside of a ditch, Rodrigues being
on top and holding on to Santana.
After struggle of about half an hour
on the ground, they arose and sepa-
rated. Rodrigues said the side of his
head was swollen, his face and neck
scratched and bleeding from the glue
bush thorns, and one side SO badly
hurt as to put him under a doctors
care for three weeks. He said San
tana kicked as well as punched him.
There had been bad feeling between
them from dispute, three months
before, about a ditch or bitches along
the line fence between their lots.
Santana said Rodrigues spat insult
ingIy as he drove up and when he
expostulated with him on the impro-
priety of such conduct Rodrigues in
vited him to come down from his perch
and have it out. AS he responded to
the challenge he threw down his whip
"a twenty-five cent buggy whip he
said it was-and on reaching the
ground Rodrigues made right-hand
drive for him, which he warded off
and then returned two punches that
landed on Rodrigues. The latter then
clinched and they rolled to the ditch,
where they grappled with each other
until Rodrigues said pau" and he an
swered pau" the elinch having last
ed about half an hour This item of
time and the story about the line
fence were the sole points at which the
evidence of the two men approached
an agreement.
A native boy who caught the horse
of Santana as it ambled away from
the CORY field, and to whom Santana
said, as he testified himself, that he
had got off his wagon ito stop two
men fighting" gave evidence in the
District Court but not in the Circuit
Court. Rodrigues explained that the
boy had gone to Kauai.
LIQUOR CASE ACQUITTAL.
Judge Lindsay gave a ruling yester-
day morning which sustained the Ter
ritorial liquor law in a point where it
was attacked. Then, on the evidence,
he found two defendants not guilty
who had appealed from conviction by
District Magistrate Andrade on the
charge of violating the terms Of
saloon license.
Matsusaki Soichi and Hayashi Iwai-
Chi were the defendants. They were
charged with furnishing and delivering
liquor from saloon at Aiea to Mkt
Toijiro at Halawa. According to the
evidence they were on their way to
the customers place when arrested
with the goods five hundred feet from
the destination. Judge Lindsay ac-
quilted them on the ground that there
was no delivery. He had overruled a
demurrer based on the fact that the
defendants We're not the licensees of
the saloon, but only the agents of the
licensee.
County Attorney Cathcart appeared
for the prosecution, Assistant County
Olson with him and conduct
ing the argument. c. w. Ashford was
attorney for defendants.
THE AWNING ORDINANCE.
L. L. McCandless and James Arm |
strong having perfected their appeal
from conviction and a nominal fine, !
in the Honolulu District Court, for
violation of the awning gutter ordi-
nance of the County of Oahu, County
Attorney J. w. Cathcart yesterday
had the case set for trial before Judge
Lindsay on Friday next. /
WAS RELEASED.
Chief Justice Hartwell heard at his |
house, where he was detained by a !
mishap. the habeas corpus case of J. |
NJ. Vivas, the attorney sentenced to /
five days in Jail, for contempt of court, |
by District Magistrate Mckay at Wal
luku. The petitioner was ordered to
be discharged. on the ground that the
mittimus was Illegal in not naming the
offense for which he was committed.
Mr.. Vivas. before the issue of the writ,
had served four days of the sentence,
in hospital instead of jail, but yet in
custody of an officer.
DIVORCE SUIT
Annie a. Nahaolelua sues Charles K.
now in Los Angeles with
a Hawaiian glee club. for divorce on
the grounds of habituaI laziness and
non-support of complain /