The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1882-01-28
SUPREME COURT.
Before Mr.. Justice McCULLY.
Saturday, January 14th-(continued.)

DIVORCE GASES.
II. S. Swinton vs. Maria X. Swinton. Mr.. S.
b. Dole appeared for Swinton. Grhe ground al
legged for the action was d~esertion, and after hear
ing the evidence the Court granted n decree, and
ordered that the libellant should have the charge
of his son.
J. w. Kawainui vs. Hattie Knwainui. At the
request of Mr.. Davidson, counsel for the libell-
ant. this case was continued in order that the ev-
idence of Mr.. Kaulukou, Mr.. Kawainui's former
counsel might be procured.
Lydia Chapman vs. W. a. chapman. The
hearing of this case was adjourned until it should
be again called up.
Makaio k, VS. Palm W. The petition accused
Pahia of deserving her husband. Mr.. w. T.. Ho-
lokahiki appeared for Ma1aio. From the evil
dence adduced il appeared that the parties had
been married more than twenty-three years, but
that Pahia had left her husband 80 far back as
1869. The divorce was granted.
CIVIL CAUSES.
L. Il. Kerr VS. Hyman Brothers. Mr.. j. M.
Davidson and Mr.. S. b.. Dole for plaintiff Mr..
Hartwell for defendants. In this case defend
ants counsel filed a demurrer to the plant ON
various grounds, one of which was that the action
should have been brought 10y Kcrrs a~ssignees in
Bankruptcy. The matter was argued and sub
mitted, the Court taking time TO consider it's de-
cision.
The Court then adjourned to
Tuesday, Jan. 18th.
+. Wundenberg VS. II. J. Agnew. Messrs Cas-
tie & Hatch for plaintiff, Mr. j. NJ. Davidson for
defendant. This Was "A suit to recover $500, the
amount of the plaintiff. S stake on a race between
his horse, Marx Twain, and defendants Black
thorn, on 9th August last. The circumstances
of this race are well known to the public. The
stakes were paid over to Mr.. Asnew by the stake
holder. the latter receiving q guarantee Of refund
If the judges Of the race did not give their de-
cision in favor OF Blackthorn IN the race with
Mark Twain. After the evidence on both sides
had been heard, Mr.. Davidson claimed that there
had been "a misjoinder or a nonjoinder Of parties,
and that there must be an amendment on a non
suit. The Court was Of opinion that the case must
go to the jury, TO which ruling Mr.. Davidson ex-
cepted. After a short elaboration the Jury brought
in a verdict for the plaintiff, for $500 and inter
est from August 9th 1851. Defendants counsel
excepted TO the verdict az against the law and the
evidence.
Magnin vs. Furgic. The Court rendered u de
cision in this case sustaining the demurrer. Mr..
Davidson, for plaintiff, noted a appeal
l.. w. Boyer VS. John II. Black. On this case
being called. Mr.. Davidson asked that il be con-
timed, on account Of the absence Of two impor-
tant witnesses, and the Court granted n conrinu-
ance 10 Thursday.
wednesday, 18Th
After fixing the order in which cases would be
taken up on Thursday, Friday and Monday the
Court adjourned.
Thursday, 19th.
Rex vs. George Davis hoUsebreaking. The
proceedings in the Police Court in this case were
/ reported IN our last issue. The prosecution eX-
amined twelve witnesses, but the only additional
evidence Of moment which was adduced went to
show that the accused was probably only sham
ming drunkenness. M. Davidson appeared for
the defence but called no witnesses. The jury
after a few minutes retirement returned a verdict
of not guilty, two jurors dissenting. The pris-
oner was accordingly discharged.
CIVIL CAUSE.
L. W. Boyer vs. J. H.. Black %assumpsit. This
was an action for eight weeks salary at $50 per
week. The case turned upon the question wheth-
er Miss Boyer had broken her engagement or not
by declining to sing other than solo parts. Mr..
Black had insisted that under her agreement no
was entitled to claim her assistance in the . min
strel " performances which formed part of his va
rietv entertainment, and on Miss Boyer declin-
ing to sing with the MINISTRIES he dismissed her.
Mr.. Hartwell appeared for plaintiff, and Mr. Da-
wilson for defendant. The jury after a few
minutes retirement brought IN a verdict for the
plaintiff for 500, the full amount claimed, one
Juror dissenting. Nh. Davidson noted an excep-
ton to the verdict as against the law and the ev-
idence. During the progress Of the case excep-
tons to the rulings OF the Court on various points
were also noted by counsel on both sides,
Friday, Goth.
Rex vs. j. W. Lunning perjury. In this case
a verdict of not guilty was brought in. "A report
of the proceedings appeared in last weeks ADJ
yERrIsER.
Continued on page 81