The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1881-10-22

Kapea wv and f. Soreanfrie, her husband, W.
D. kauila (k) ejectment. The parties 20 this
suit agreed to waive the jury. Mr.; Hatch APP
peared for the plaintiffs, and Mr.. Hartvoll for
defendants. The case was partly heard, and,
the evidence for the defence not being ready.
was adjourned.
Thomas Spencer, jun, by his next friend, va
w. c. Parke repleyin. mixed jury had been
drawn to try this case, but the hearing could not
be commenced. and another suit having prcce-
dence for Wednesday morning, il was adjourned
till the afternoon.
WEDNESDAY. 18th.
James Campbell VS. Kalimahaalulu sjectment.
Cecil Brown, for plaintiff J. L. Kaulukou. for
defendant. A verdict was returned for the
plaintiff, with 81 damages.
Thomas Spencer, jun. vs. W. c. Parks re-
pleyin. Mr.. Preston and Dir. Hartwell for the
plaintiff; Mr.. Hatch for defendant. The action
was for $4,000 damages on account Of the seizure
by the assignee in bankruptcy Of Thomas
Spencer Of goods in a store at Hiio which were
claimed as the property Of Thomas Spencer,
jun, a natural son and ward of the bankrupt's.
The Marshal admitted having seized the goods,
and the issue which went TO the jury was which
of the Spencers they belonged to. Several
technical points were argued, the discussion OF
which occupied the greater part of the afternoon.
On
THURSDAY, October 18th,
after the evidence for the defence was concluded.
Mr.. Hartwell moved the Court 20 instruct the
jury to return a verdict for the plaintiff ON the
ground that the defendant had not produced any
evidence TO show that the goods were his. The
Court having declined 10 so instruct the jury.
evidence in rebuttal was put in. BY arrange
ment, certain evidence had been taken by COM
mission at Hilo. OF this the evidence Of Judge
Lyman and Mr.. Severance had been put in by
the defendants counsel as follows Judge Ly-
mans evidence showed that ON 29th January,
1879, Thomas Spencer was duly appointed
guardian of the boy. The petition in persu-
ance Of which this order was made, set forth
that the boy was DUNE, 1879 eight years old
and was possessed of both real and personal
property. An inventory Of the real estate was
given which showed il TO have cost $1,000. The
evidence Of this witness, and that OF the
Collector of Customs mt Hilo were 10 tho
effect that for some time after the store was
opened it was carried on in the name Of Thomas
Spencer, and then the name was changed to
Thomas Spencer, jun, For the plaintiff, the
evidence Of Obadiah b.. Spencer was that
Thomas Spencer, jHn. is the son of a native
woman named Makaleka, and that the latter had
an income from her makuas, aud had been i'm
receipt of money from sales of land at Hamakua.
She also inherited n lot of cattle and several
horses, some hogs, and bullocks. When her boy
was a year old, they had a luau at which two or
three bullocks and about fifteen hogs were
killed. The whole district was there and tho
guests all made contributions in money as n
present TO tho boy, altogether between $500 and
$3.50. This money, with the proceeds OF tho
lands and bullocks, was taken charge of by his
brother Thomas for the boy. One Of the lands
sold for $3.50 and Makaleka's share OF IL was
tWO-tnlfUS. Ills DfOtner ma n TIN bON IN Whlch
he deposited the boys money. He himself
gave the woman a horse for the boy, and r..
Spencer gave her either one or two. The mother
used to let out horses 10 tourists, and he remem-
bcred her getting Sl20 ut one time from the
horses. He mentioned several other sources
from which she had made n good deal Of money.
More than three years ago Makaleka bought a
house at Hilo for the boy. The money. 1850.
came out of the boys tin box. She had also
had two or three whaleboats for many years which
had been bought with the boys money and had
been a source of revenue to her. The store at
Hilo he understood TO be the boys, his brother
had shewn him the first invoice, and the store
accounts showing Z" what the little boy had
made Mr.. Thomas Spencer was called as a
witness TO corroborate his brothers. evidence. In
answer To n Juror, he said that before he COM
menced importing goods from San Francisco for
the store, he should judge that he received
about $4,000 on the boys account and that tho
further money required 20 pay for all the goods
imported had been made by the store.
FRIDAY, 14th.
His Honor fined Kopena 80 for not being
present as n juryman, when called, on Wednes-
day.
Manuel Joseph vs. Kuakaha (w) and Apu
ejectment. This was n rather complicated land
case, and ended i'm a unanimous verdict in favor
of both parties-each to have half the land. Mr..
HOlokahiki appeared for the plaintiff, and Mr..
Preston for the defendants.
Cecil Brown VS. Kaaumoana t al. ejectment.
Mr.. Brown appeared for himself, and Mr.. Hart
w. eV1 ~, ~ ~ viz OAkn0L Va NAO
case Kaaumoana's name was struck out Of IL, he
d~isclaimiug any title 10 the land in dispute.
The plaintiffs title was derived through fore
closure of n mortgage, and there was an argu-
ment by counsel on both sides as 10 whether the
notice adyertised-which was also the auc-
TONER'S notice Of sale-could be taken as a
compliance with the provisions of the statute.
The Court did not decide the question. The
jury gave the same verdict az in the last Case
one-half of the land for the plaintiff, and one
half for the defendant.
CRIMINAL CASE.
The King VS. J. Cant. Cant was charged with
larceny in the second degree, and pleaded guilty.
He was sentenced TO one years penal seryitude,
and a fine of ten dollars.
SATURDAY, 18th.
DIVORCE CASES.
Robinson vs. Robinson. This case, continued
from the previous Saturday, was concluded,
evidence Of Mr.. Dwight's signature TO the mar
riage record being produced. A decree OF divorce
was granted.
Kaninaiki (w) VS. KaiamRmi. Death having
released Kaninniki from all earthly bonds before
her petition could be heard, this case was struck
from the calendar.