The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-01-23
BURGLAR GIVEN
THREE YEARS
Scandalous Matter Is Struck
0ut-MrS. Berndt's
Answer.

HlSWGFa
Oliver Kane was found guilty Of
burglary in the second degree, on trial
by jury before Judge Lindsay yester-
day. Defendant broke into j. P
Looney room in the Winston building
and was caught by Mr.. Looney before
he had stolen anything The court SEN
fenced him to be imprisoned at hard
labor three years and to pay costs.
County Attorney J. W. Cathcart
prosecuted and E. Vincent defended.
The jury consisted of j. w. Macdonald,
Clifford Kimball, David Motley, +. j.
Robello, j. j. Egan, J. H. Jones, VIM.
F. Story, W. NJ. Buchanan, T. w. Car
roll, Chas. Butzke, Jas. S. Sharp and
James E. Jaeger.
Judge Lindsay informed Kane, on de-
livering sentence, that he was lucky
he did not fare worse, as the jury
might very well, on the testimony, have
found him guilty in the first degree as
charged in the Indictment.
SUPREME COURT.
The case of Emilia Vieira Oliveira
against Maria Vieira Silva and Joa-
quinn Antoine Silva, on appeal to the
Supreme Court from a decree of the
Circuit Judge of the Fourth Circuit was
argued and submitted before the Su-
preme Court yesterday, Carl S. Smith
arguing on behalf of the plaintiff and
C. H. Olson on behalf of the defend
ants.
The following matters are for today:
Motion by the plaintiff in the case
of Fl. Hackfeld VS.. j. Coerper to strike
from the files the brief filed for de-
fendant.
Case of Kumazo Matsumura VS.. Coun-
ty of Hawaii Exceptions from Circuit
Court, Fourth Circuit.
OBJECTIONABLE MATTER.
Judge Lindsay, of his own motion,
ordered the dIIIudh45 VI DeooAe II. Iouiho
in the Along case to be struck from
the files on account of its being scan
daIous and impertinent.
WANTS NO notice.
Florence K Berndt denies the alleged
causes for divorce in her husband, Otto
A. Berndt s, libel, and consents that
the case may be heard at any time with
out notice of any sort to her.
THE GUTTER ORDINANCE.
Judge Lindsay allowed the bill of
exceptions to the Supreme Court from
his Judgment, on appeal from Honolulu
District Court, finding l.. L. McCand-
less and James Armstrong guilty of
violating Oahu County Ordinance No.
8, relating to cutters upon awnings,
and fning them $40 each and costs.
PROBATE MATTERS.
Laniawi petitions for letters of adj
ministration on the estate of his de-
ceased brother, Kaui Makahiehie, alias
Keaka Kaai, alias Keakanika, which
consists of 1915 in possession of the
treasurer of the Longshoremen' Union
and furniture of uncertain value. The
heirs are two brothers and sister.
A hearing is ordered for February a.
Judge Lindsay confirmed the sale OF
lot of land at Kalihi to Tom Pedro,
the highest bidder, for $3.50 by c. +.
Peterson, administrator of the estate
of Samuel NJ Pedro, deceased.
APPEAL PUT FAR OFF.
d. L. Wilmington appeared for Ger
tain defendants in the Lowrie- Baldwin
action for 100000 damages, whose bill
of exceptions to the denials of motions
for costs, etc, had been filed. A. g..
NJ. Robertson objected TO the bill of
exceptions, though not as to form.
Judge Robinson set the matter for
March 16 at $50 a. m.
COURT ITEMS.
Judge Lindsay takes the criminal
jury calendar during the absence of
Judge Robinson, who will leave for
San Francisco on Wednesday next. He
began with the Kane burglary case
yesterday.
1t is stipulated that the case of Mary
Costa against County of Oahu may be
tried by jury either today or on
Mareh@9.
George c. Ross, executor of the win
of John A. Marat, has fled his final
account, showing receipts of $l719.S3
and payments of 406.93, which leave
a balance of $1312.90 due to the estate.