The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-02-04
FOUR INDICTED
BY GRAND JURY
The lnquisitors Deliberate and
True Bills Are
Returned.

the grand jury yesterday and ordered
placed upon the secret file. The Jurors
were in session during the morning and
a number of eases were presented to
their consideration by the Attorney
General s 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
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 FL. G. Middleditch, the trustee in
bankruptcy of the Charles F. Herrick
Carriage Company. An order and iudg-
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 a judgment against Cathcart
and gives permission to repair the
omission in another complaint.
Must incorporate.
The Supreme Court of the Territory
has taken the view that the Pearl Har-
Dor Traction Company viii have to file
articles of assoeia ton 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 submission on an agreed
statement of facts from which It ap
pears that the plaintiffs having taken
preliminary steps for organizing an as
ISOLATION to be known as the Pearl
Harbor Traction Company made appl-
cation to the defendant for charter
of Incorporation authorizing the car
rying on of railway and other bust
nesses under R. L. See. 2542. The de-
PENDANT, with the consent of the gov.
ernor, refused to grant the charter on
| the grounds that an association for
| no nd fino 1.-Two "
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. 1886
brought the company under the provl-
sions of that section
In the decision it is held that the
Treasurer with the consent of the Gov
ernor does not possess the legal author
ity to grant a charter to a railway
company and that the provision of Sec
ton 2535 of the Revised Laws of Ha
wall cover, in a sufficient way, the or
ganization of railway company by ar
ticles of association.
A Tax Question.
| The question as to whether or not
+, under the 1905 amendment, taxes OF
! that wear 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 fol
the year in question, is ordered to be
deposited with the Judiciary depart.
ment clerk until the Supreme Court
can render decision in the matter.
| Murder Trial On.
There was no delay in securing a
| jury to try George Kaleikini, charged
with the murder of his wife, in Judge
De Bolt s department of the Circuit
| court Yesterday. Twelve men were
passed before noon and the prosecu-
ton had placed several witnesses upon
| the stand when adjournment for the
dav was taken at clock in the
| afternoon.
Sheriff Jarrett was the first witness
placed upon the stand by Attorney
| Cathcart and he testified to finding
the BODY of Mrs. Kaleikini in the yarG
of the house in Kalihi where the trag
edy occurred last August. Sheriff
Jarrett also identified the bullet thai
was introduced in evidence by the
prosecution as the one that had beer
removed from the body of the muir
dered woman by DIR. Mcdonald, the
physician who performed the autopsy
Attorney Achi, who is defending Ka
leikini, questioned the positive ldenti
fieation of the bullet by jarrett, bu
the Sheriff was quite sure that it wa
the same one that he received from
DR.. Mcdonald.
DR.. Mcdonald testified as to tn,
causes of the woman s death, as indi
Gated by his autopsy and also identi
: fed the bullet that he found N thu
body. He declared that the bullet ha,
penetrated the heart and that dealt
must have followed within a few sec
Onfls.
During the recital of the details o
the tragedy Kaleikini did not betra.
any signs of emotion or nervousness
but watched each witness closely. TIL
trial will be resumed this morning a
10 o'clock.
l. The jurors in the case are F.
Friel, H. Kalamoku, j. H. Cummings
. Robert Hair, Thomas c. Mcclure, Z