The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1909-02-05
-FOUR INDICTED
BY GRAND JURY
(From Thursday s Advertiser.l

were III SESSION curing the morning ana |
a number of cases were presented to
their consideration by the Attorney
General IS office. One of the men against |
whom a true bill is believed to have |
been found is John Lua, who has been |
suspected of participation in several
burglaries of recent occurrence. The |
witnesses summoned in connection with
the Lua case were Chief of Detectives
Kalakiela, Mrs. Walter Jarrett and
japanese.
Another burglary suspect was a Chi
nese who was accused of having entered
a saloon and made use of his oppor.
tunity by making Off with property be.
| longing to the proprietor.
Little for Cathcart.
City and County Attorney Cathcart
gained little by his demurrer to the
amended complaint filed against him
by II. G. Middleditch, the trustee in
bankruptcy of the Charles +. HerriclS
Carriage Company An order and judg.
ment signed yesterday by Judge De
Bolt sustains the demurrer only on the
ground of the omission of the name
of the court where Middleditch previous.
ly secured Judgment against Cathcart
and gives permission to repair the
y III
| Must Incorporate.
The Supreme Court of the Territory
has taken the view that the Pearl Har.
Dor Traction Company will have to file
articles of association and that it can
not become legal body through the
granting of a charter. The decision
was rendered yesterday, written by
Judge Ballou, and goes at length into
the legal aspect of the question.
The case, as summarized by Justice
Ballou in his decision, is as follows:
"This is a submission on an agreed
statement of facts-from which it APP.
pears that the plaintiffs having taken
preliminary steps for organizing an as
ISOLATION to be known as the Pearl
Harbor Traction Company made appli
cation to the defendant for charter
of incorporation authorizing the car
rying on of railway and other bust.
nesses under r. l.. Sec. 2542. The de.
PENDANT, with the consent of the gov.
ernor, refused to grant the charter on
the grounds that an association for
constructing and operating a railway
could not be chartered under r. l.. Sec.
2542, but in order to incorporate must
file articles of association as prescribed
by r. l.. Sec. 2535, and upon the fur.
Their ground that in any event the
enumeration in the proposed charter Of
purposes included in r. l.. Sec. 2535
brought the company under the provi-
sions of that section
In the decision it is held that the
Treasurer with the consent of the Cow
ernor does not possess the legal author
ity to grant charter to a railway
company and that the provision of Sec.
tion 2535 of the Revised Laws of Ha-
waii cover, in a sufficient way, the or
ganization of a railway company by ar
ticles of association.
hnl A Tax Question.
The question as to whether or not
under the 1905 amendment, taxes of
that year can be considered a lien on
mortgaged property is involved in the
foreclosure suit of August Dreier, Ltd,
against w. w. Aahana. A final decree
was entered in the case yesterday by
, Judge Robinson but $212.65, taxes for
the year in question, is ordered to be
deposited with the Judiciary depart,
! ment clerk until the Supreme Court
can render a decision in the matter.
: Murder Trial On.
WIS no III
jury to try George Kaleilkini, charged
with the murder of his wife, in Judg,
De Bolt IS department of the Circui
a court yesterday. Twelve men wer
= passed before noon and the prosecu
: ton had placed several witnesses upoi
, the stand when adjournment for thu
day was taken at 4 o'clock in tn,
afternoon.
Sheriff Jarrett was the first witnes
: placed upon the stand by Attorne,
y Cathcart and he testified to finding
the body of Mrs. Kaleikini in the yart
of the house in Kalihi where the trag
edy occurred last August. Sheriff
Jarrett also identified the bullet tina
was introduced in evidence by tn
= prosecution as the one that had bee
} removed from the body of the mur
dered woman by DIR. Mcdonald, tn
physician who performed the autopsy
g Attorney Achi, who is defending Ka
g leikini, questioned the positive identi
fication of the bullet by Jarrett, blu
" the Sheriff was quite sure that it wa
g the same one that he received fror
DR.. Mcdonald.
!; DIR. Mcdonald testified as to tn
causes of the woman's death, as ind
Gated by his autopsy and also identi
fed the bullet that he found IN tn
u body. He declared that the bullet ha
, penetrated the heart and that deaf
must have followed within a few sec
g onds.
d During the recital of the details o
y the tragedy Kaleikini did not betra.
J any signs of emotion or nervousness
n but watched each witness closely. TIL
trial will be resumed this morning a
g 10 clock.
o The jurors in the case are F. p
0 Friel II. Kalamoku, j. II. Cummings
: Robert Hair, Thomas G. Mcclure, L
! V. Todd, w. Turrill, w. Starbird
J Charles Simpson, G. II. Green, T.. o
White, s. A. Kamakau.
a VIII is Probated.
d An order admitting the will of Kau
i makaole Lazarus to probate was sign
Q ed yesterday by Judge Robinson, tn
e letters testamentary to be granted Il
Henry Smith as soon as bond o
e $1,000 is approved by the court. TIL