The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1912-02-16
SUPREME COURT SETS
- =. MULLET CASE DATE
VIII Hear Argument on Appeal
Of He;y Chong Today or
q, Tomorrow.

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Q'rgm Thursdays Advertiser)
i lFhe supreme court yesterday set the
dase Of. hearing the appeal In the case
Uf Hoy ChOng, charged with violation
Of Act 40, which provides close
raeasOn for mullet, Hoy ChOng was
found guilty By Judge Monsarrat last
month and sentenced to a fine of SIS
and costs The answer to the state
unents in the appeal was fled yesterday
morning and the caseSwin come up for
: hearing tomorrow.
Ae.2 plea in Abatement.
Lorrin Andrews yesterday fled a
plea in abatement for his clients, A,
b. Joseph and Chung Mung, the FIRST
charged with burglary and the second
with rape. The plea sets ont that the
grand jury which indicted the men il
not and was not legally formed, as the
names If the jurors were not drawn by
: Lot from the grand jury box according
to law. He asks that the indictment
be quashed. The court set decision un-
til this morning to give the prosecn-
tion an opportunity to look into the
matter.
Judge Robinson Busy.
In addition to receiving the two
pdeas in abatement fled by Lorrin An
drews Judge Robinson yesterday heard
the plea of Chu Hoon, who pleaded not
guilty to charge of assault and bat
terry, H. j. Bray, who pleaded guilty
to the chage of peddling medicine and
was given suspended sentence, Jonah
Cummins who was fined $50 and costs
for needless driving. Besides all that
the court set the divorce suit of Susan
X. Flint against Harry w. Flint for
Saturday, February "a, at nine o'clock.
The judge also heard argument on the
point of law raised in the case of Goo
WI How, accused of violating the build
ing ordinance. Attorney Lightfoot for
the accused objected to having certi-
fed copy of the ordinance fled in evi.
dence. This was overruled by the
court. The trial was continued until
this morning after number witnesses
had testified.
Cummins through his attorney Leon
NJ. Btraus admitted exceeding the
speed limit, but said he was egged on
to it by some joy riders in his ear
Cummins was given until this morning
to pay the fine.
Il Costs arc Heavy!
MAX Alfonso; found guilty the othei
: day of robbery, viii have to pay
! $425.5o costs. OF this 1870 was PAID
yesterday to Lieutenant McCleary, Al
part OF his expenses here from Utah
The rest will be paid out by Marsha
Hendry as soon as authorized.
Federal indictments.
The federal grand jury yesterda,
brought in three indictments. On
true bin was found against Edward
Gerard, mate of the bark Erskine M
Phelps, and two against All Yum. Al
three are in connection with the sam'
case, harboring and concealing de
: serter, Sylvester Englander, from thu
cruiser California. The Indictment
against All Yum accuse him of harhor
ing James v, Hall and Highlander
Bankruptcy Case.
The case Of the Francis Levy Ont
fitting Company, Limited, involutar.
bankruptcy, was called yesterday oil
demurrer, and continued until Satur
day, February IT, It viii then b
heard by Judge Clemens.
Jury Excused.
The petit jury which had been ex
eused until this morning by Judg
Dole, has been further excused unit
Monday, February 10, at ten O'Clock
1t is presumed that at that time tn
first Mahuxa site case win go to trial
1t is possible, however, that this plal
may be altered later in the week.
Wants Last Papers
Thomas Anthony Ruane, of Schofel
!. Barracks, a former soldier of Uncl
Sam, yesterday filed his petition TO
naturalization. Ruane was born il
Ireland in August, 1884, and was honor
ably discharged from Troop B, FIT
Cavalry.
Theresa Ledo was granted divorc
from Mahuei louo yesterday ny ouoS
Whitney, to take effect after Februar
Is. The husband is ordered to pay 8
>, q. week to his wife and child, tn
+. custody of which is given Mrs. Ledo.
Mrs. Mary Lucas yesterday fled
motion for a new trial of her sui
against Mrs Mary Bannister. She a
leges that the court rejected certai
evidence at the first trial which wen
against her.
The grand jury met yesterday at hall
past one clock and after deliberatin
for short time adjourned until Nor
day at one-thirty o'clock.
Henry P. Roth, one of the trial juror
was excused by Judge Robinson yes
ferdav in order that he might take tn