The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1911-09-15
SELF DEFENSE PLEA
PROVES SUCCESSFUL
Man Who Killed Counlryman at
Walalua Is Acquitted
by Jury.
(FfOm Wednesdays Adyortiaor.)

(Ffom Wednesday, Advortiaor.)
Believing that Juan Bucno Garcia
acted in sclfdofenso whom he killed
Antonio Moreno Alvarez on July 4 at
waialua, tho jury In First Judge Coop.
or's court returned verdict Of not
guilty Of manslaughtor yesterday.
Garcia concluded the giving Of his
own version Of the affair yesterday
morning and other evidence was taken
regarding the vicious manner in which
Alvarez attacked him with n hoe. At.
torney Lorrin Andrews, in his address
to the jury, paid particular attention
to the plea Of self-defense. He asked
Judge Cooper to make a number Of spe-
ciic statements in his charge to the
jury dealing with this subject. The
Judge refused the motion. The jury
was out nearly half an hour before It
returned with it's verdict Of acquittal.
The cases of the Territory versus
All Chong and eight Others and Loo
10y and eight others win come before
First Judge Cooper in the circuit court
today. These are gambling cases ap.
pealed from the district court.
Iahaina Land Case.
The Lahaina land remnant case, now
before the court of land registration,
was postponed yesterday by Judge w.
j. Robinson until Tuesday week, the
Goth inst. In this suit the Territory is
asking for a Torrens title to valuable
land at Lahaina, Maui, claimed by the
Bishop Estate and others, and part Of
which is occupied by the Pioneer Mill
Company.
( Attorney Lorrin Andrews, on behalf
of Henry c. Hapai, Alice Hapai and
1 George w. A. Hapai, has filed joinder
in demurrer in the suit for an account
ing brought against May X. Brown,
Arthur NJ. Brown Blanche Walker and
John Walker. Plaintiffs claim that de-
PENDANTS have not answered nor denied
the complaint and ask for judgment
with costs.
jose dos Passes Rodrigues, through
his attorney, Lorrin Andrews, has fled
joinder in demurrer in the suit
against Fortunate Correia, Victorino
de Vasconcellos and the Portuguese
Benevolent Society of Hawaii.
Fernandez Divorce Case.
The hearing of the motion by Mrs.
Fernandez that her husband, owner
of the Silent Barber Shop, show cause
why he should not pay counsel fees and
court costs pending the determination
of the wife s suit for divorce, was post.
poned yesterday by Judge Robinson un-
til tomorrow morning at nine o clock.
Noeli Markle, by Magoon g. Weaver
and Noa w. Alui, her attorneys, has
filed notice of appeal to the supreme
court from the ruling of Judge Robin
son, dated September z, denying her
motion to set aside the decree of di-
vorce granted Edgar Markle, February
Is last. 1t is claimed the ruling was
contrary to section 1880 of the revised
laws as amended by act 20, session laws
of 1909, and section 1891, revised laws,
as amended by act 100, session laws,
1907.
Yu Nishihara wants a divorce from
her husband, Iso Nishihara, on the
ground of desertion. They were mar
ried here December, 1902.
Takes the Oath.
Richard Cook Gray took the oath as
an attorney before Chief Justice A. G..
NJ. Robertson yesterday. His applica-
tion for admission to the bar was in.
dorsed by d. w. Burchard who knew
him for several years at Los Angeles.
Mr.. Gray is a native of Alabama and
is forty-two years old. Previous to re.
siding at Los Angeles he lived at Hous.
ton, Texas, where he studied law with
Hon. W. G. Love. He was admitted TO
practice in the supreme court of Texas
June 30, 1903, and by the court of ap.
peals of California October 5, 1908.
Judge Robinson has approved the ae-
counts of Henry Williams and dis.
charged him from further responsible.
ity as administrator of the estate Of
the late Jane Carrie Paakaula.
License Case.
The case of Smithies versus Treas.
urer ID. L. Conkling, concerning the
merchants license fee, has been set for
argument in the supreme court on Sep
TENDER Is. The attorney win
represent the defendant, while A. L. @.
Atkinson and Thompson, Wilder, Wat
son & Lymer are for plaintiff.
Judgment by default was rendered
by Judge w. L. Whitney yesterday for
81 ;29s.56 and $114.56 in favor of the
Shuman Carriage Company and against
b. w. Rice. Frank y. Thompson and
James p. Morgan are named as gar.
nishees.