The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1908-03-27
YOUNG LUH|AU
FOUND GUILTY
cFrom Thursdays Advertiser9

(From Thursdays Advertiser)
After celebrating for over an hour
yesterday afternoon. the jury in the
Federal court found Luhiau guilty as
charged. Judge Dole set the. sentence
for Saturday morning. The trial oc-
cupied several days Luhiau was con-
victed partly on the evidence of an
| accomplice, which the court charged
was not sufficient unless corroborated
by other. evidence. Lono a school
mate of defendant in the Hilo board
ing school, received a postal money
order for sS. which was raised to $50
and cashed by him for that sum. In
a confession he accused Luhiau of
having done the pen work in raising
the check. Assistant District Attor-
ney W. T. Rawlins prosecuted and c.
W. Ashford defended.
THE CLEMENTS TRIAL
The trial of Brady Clements for
mayhem is still on before Judge Rob-
inson. While a negro witness for the
defense was being cross-eXamined by
County Attorney Cathcart, on the sub
ject of fits for which he gave Brady
first aid treatment as he related in
detail. Mr.. Larnach for defendant first
objected to the bringing out of new
matter not covered in direct examina-
ton and then to all of the answers of
the witness. He said il was evident
the witness was not sober Mr.. Cath |
cart accepted the first objection, say
ing ne might later call the witness on |
behalf of the prosecution. AS to the
condition of the witness it was hard |
to say, but anyhow he was the defend |
ants own witness.
Then he released the man and a re-
cess was taken for fifteen minutes to
give time for the next witness TO ar
rive. As the witness left the stand |
and walked TO the door the jurors
watched him closely as if to note any
signs of a jag. The fellow seemed TO
become self-conscious under the scru-
tiny and braced himself with an effort
like an amateur actor making his first
strut across the stage.
INTERESTING TITLE CASE.
Levers & Cooke. Ltd, petitions for
a rehearing of its application for
registered title to land, decided against
it by the Supreme Court on Mary H.
Atcherley's appeal from the Court of
Land Registration. 1t is set forth that
the appellate court has overlooked an
amendment made 10 the law in 1907,
providing that appeals solely upon
points of law shall be allowed from
any final order, decision, judgment or
decree of the court" The petitioner on
this point says:
Appeals on questions of fact are
allowed to the Circuit Court. BY this
amendment the appellate statute is
brought in line with appeals from the
District Court, and this court has no
power to examine any question other
than a pure question of law. 1t can
not decide the questions of fact, or the
mixed questions of law and fact"
Castle < Wilmington, attorneys for
petitioners, then enter at great leng III
upon a discussion of the decision,
which they say in effect overrode three
former decisions of the court which
affirmed the late King Kalakaua's
ownership of the land in question. Re-
the hearing they neglected to quote
decisions of the United states supreme
Court which they contend bear out the
cause of their client.
DIVORCE.
Summons in a divorce suit brought
by Rebecca Kalama against Moses
Kalama has been returned unserved,
as the libelee could not be found on
the island of oahu, The parties were
married about fourteen and a half
years ago on the Island Of Nilhau and
the wife now asks for divorce on the
ground of desertion FOR more than
three years,
judge Lindsay granted n divorce TO
Al Nagalino against Eisaku Nagalino
on the ground OF extreme cruelty
awarding the custody OF minor child
20 the libelant.
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