The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-01-08
ROSENBERG SET
FREE BY ORDER
Will Be t1earrested-:;-Answer of
Judge Wiifley.--Sentence
Affirmed, Etc.

Affirmed, Etc.
. J. Rosenberg was set free by q
directed verdict in the United States
District Court yesterday afternoon
Assistant District Attorney RawIins
had rested the case for the United
States, when Mr.. Robertson for de
PENDANT moved that the court direct
a verdict of acquittal The ground OF
motion was that the indictment charg-
ing Rosenberg with receiving stolen
property of the United States was not
sufficiently explicit.
Judge Dole had previously changed
his ruling of the day before. the same
point as arose their having been re-
newed by the defense with additional
authorities, holding now that the, in
dictment should at least have describ-
ed the copper wire, etc, as manu-
featured metal instead OF metal
simply. He granted the motion and a
verdict of not guilty having been re-
turned as ordered the defendant was
discharged.
As the indictment stood, the evil
dence against Rosenberg was strong.
Ben Duncan, one of the four boys
under sentence for stealing the goods,
| testified that when Rosenberg was ap-
preached as a buyer on a certain Fri
day he asked the boys where they had
got the stuff. They told him they had
stolen it. Next gay they returned to
do business with defendant and were
not repulsed. On the following Mon
day, however, when they went around
to his store again Rosenberg told them
to run away, as the owner of the goods
was looking for them and if found
they would go to jail.
WILL BE REARRESTED.
Three other indictments pending
against Rosenberg will be dropped. He
will be rearrested, however, and an en-
deavor be made to have him brought
to trial on an indictment that will
hold water.
PLEAS OF GUILTY.
George Kekauoha and Keleheua
pleaded guilty to adultery, and Judge
Dole will sentence them this morning.
Kekauoha is one of the Mormon group
from Laie which has figured largely
at this term, and is now serving a
sentence of four months imprisonment
for a similar offense to that confess
ed as above but with another para
mour.
SUPREME COURT.
The Supreme Court set the famous
Lahainaluna case, which has made the
round trip to washington, for hearing
on February II.
BY an oral decision the court over
ruled the exceptions of Hale, defend
ed by w. C. Achi, to his conviction and
sentence for a heinously immoral
crime.
The court adjourned to Monday next
It will then probably render a decision
in the Liliha-WaiaIae car. schedule
case.
ROWE ". STEPHENSON.
A stipulation was filed in the part
nership accounting case of E. c. Rowe
against Stanley Stephenson by e. C.
Peters and WA T. Rawlins, attorneys
respectively of the parties. It is for a
decree that J. E. Fullerton, receiver,
pay the clerk of court all the money
received by him and that the money
be divided equally between the par
ties. This is without prejudice to
Stephensons denial of the existence of
a partnership and his right of appeal
from Judge De Bolts decision finding
that he should pay Rowe $552.21.
A decree is filed covering the mat
tiers of the decision and stipNation,
which orders also that a copy of it be
served on Fullerton if he can be found
in the Territory. As a matter of fact
Fullerton left for the north country
many months ago. On leaving he
placed his affairs in the hands OF
Charles II. Bellina with full powers
and considerable security.
JUDGE WHITLEY ANSWERS.
Lebbeus r. Whitley, U. S. Judge at
Shanghai. by his attorney. A G. NJ. !
Robertson, denies each and every al |
legation in the complaint of Francis |
NJ. Brooks against himself, 'impleaded |
by the name of Libbeaus r. Wilf1ey,'' |
and Frank e. Hinckley.
SUIT FOR RENT.
Toney C. Along of Hongkong has |
brought suit against Hawaii Land Co, |
Ltd, claiming S46S with interest on ac-
count of rent of property at the west |
corner of King and Maunakea streets /
under a lease for twenty-one years (
from Oct. l., 1901, at an annual rental |
of $500.
COURT ITEMS.
Judge De Bolt granted Ritsu Toku-
motto a divorce from Denkichi Toku-
motto, sailor on the steamer Likelike,
on the grounds of cruelty and nom
support.
F. B. McStocker by his attorney, A.
G. NJ. Robertson. denies each and ev-
cry allegation in the complaint against
him of Bishop Trust Co, Ltd, admin