The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1885-07-18

or years to make her will and also otld
Mr.. Cartwright, as her business agent, that
it was his duty to induce her to make
| will.
Mr.. A. j. Cartwright, Jr., was called and
! gave corroborative testimony as to the wit
Messing of the will.
Mr.. A. j. Cartwright, Sr., was next exam
| ined, and deposed that he was the late Queen
Emma's business agent and attorney for the
past twelve years. Had frequent converse
| lions with her regarding the necessity Of
| making will. Had left with her the land
book showing her property, from which she
made selections for her will. The will ard
| deVisees in trust were entirely her own.
Some Of the deVisees he never knew. Like
all other Hawaiian Chiefs, she was very 10th
| to sign her will. In cross-examination no
new points were elected from the witness
He had never dictated any part of the will,
nor had he ever known anyone to make a
suggestion to her as to how she would dis
pose of her property, except in the matter
OF the bequest to Miss Peabody, where, upon
his recommendation, the testatrix changed
the bequest from land to an annuity. He
Emma-regarding Kunuiakea, so far as the
requests were concerned, except in so far as
to protect his interests if possible.
Miss Lucy Peabody, personal attendant of
Queen Emma, was examined, and testified
in substance that the testatrix was of sound
and disposing mind. She was not strong in
body after her second attack, but her mind
was perfectly clear.
This closed the testimony for the probate
of the will.
Mr.. Thurston disclaimed on behalf of his
client Kunuiakea, any desire to upset the
will, hut simply to establish its regularity,
owing to statements made by disinterested
parties outside.
The following native witnesses were
called: Kaluhikai, Kaai, Mikala wv, Portia
wv, Helen wv. These witnesses were per-
sonal retainers of the late Queen Dowager.
The substance of their testimony was that
the Queens manner after her return from
Kohala, in 1884, was sleepy, and that she
seemed to have no recollection Of how she
hadi come down here. She was perfectly
clear upon all other points.
Argument by counsel and tie case was
submitted.
In rendering his decision the Chief Justice
said that he of opinion that at the time
the will was made the testatrix had re-
covered her men tai strength and there was
testimony that her mind was uncommonly |
clear. There was no testimony to show that |
undue influence had been used. The will |
would be admitted to probate and letters |
testamentary issued.
Counsel for contestants noted an appeal. |
BEFORE THE CHIEF JUsTICE-IN CHAMBERS. |
FRIDAY, July 18th.
In the matter of the appointment of a re- |
ceiver for the estate of Mr.. H. Turton of |
Lahaina, Maui, Mr.. Ashford for the de- |
PENDANT, gave notice that he would file de- |
murrer next Tuesday. Mr.. Thurston, for |
H. Hackfeld & Co., plaintiffs, assented.
JULY TERM-ASsOCIATE JUSTICE M'CULLY PRE- |
SIDING.
FRIDAY, July 18th.
In the case of the Hawaiian Bell Tele-
phone Company VS.. Mutual Telephone Com
pany, verdict was given for the plaintiffs
for $3.50. This was a suit brought for |
damages by the Bell Telephone Company
against the Mutual for interference by the
latter company with the formers system of |
wires throughout the city. This interference
has been going on for some thing like year,
and finally caused this suit Mr.. F. NJ.
Hatch appeared for the Bell Telephone
Company, and Mr.. A. S. Hartwell for the
Mutual.
The King VS.. Wong Tai Poon, Aloi Lee
Pou, and James Kauhane, conspiracy. The
appeal from the Police Court was argued |
and submitted.
In the case of See Hop & Co. vs.. S. F.
ChillingwOrth, Deputy Sheriff of Maui, the
Court heard arguments of counsel "a. S.
Hartwell and Antoine Rosa) concerning the
legality of the warrant land reserved decision.