The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1888-10-09
SUPREME CoUsT-.-OCToBER TERM
MR.. JUSTICE M'cuL1Y PRESIDING.

at p. m. adiourns until 10 a. m. to-
morrow, when No. 6S and cases following
will be heard.
WEDNESDAY, Oct. Srd.
The Court opens at 10 :07 a. m, takes
an hours recess at II m, and at 1 :0S p.
m. adjourns for the day.
Divorce Division. Ella Lycett VS.,
John Lycett. Cecil Brown for plaintiff !;
no appearance of or for defendant.
Plaintiff s motion for publication OF sum-
mons and continuance for the term. The
Court so orders.
IN BANco, BEFORE CHIEF JUSTICE JUDD,
ASSOCIATE JUSTICES M'CULLY, PRES
TON, BICKERToN AND DOLE.
Equity Division. Ananu Ok. eft al. VS..
Humphreys ct al. NJ. Thompson for
plaintiffs; A. S. Hartwell for defendants.
Bill to set aside two mortgages. Plain
tiffs' appeal from decree of August z,
1855, of Judge Dole for defendants, dis
missing the bill of complaint. Argued
and submitted.
Lorrin A. Thurston, guardian of Pa
kuakuii lk.), q minor, vs.. VIM. Aylett.
| W. o. Smith for plaintiff; A. Rosa for
| defendant. Bill to cancel deed. De-
fendant's appeal from decision OF August
%, 1883, and decree of August 20, 1888,
thereon of Judge Preston for plaintiff,
ordering the deed set aside. Defendant
filing a motion to introduce new evil
dence, and asking a continuance until
tomorrow to file affidavit, the continu-
snce is granted.
Law Division. Daniel Kaleialii ct al
/ II IL, l. \ Il n
and A. z. Peterson for plaintiffs; A. s..
Hartwell for defendants. Ejectment.
Jury waived April term, 1888. Defend
ants appeal from decision OF May Is,
1855, of Judge Dole. Plaintiffs raising
the point OF insutficiency OF the bill Of
exceptions and the matter being argued,
the Court takes it under consideration,
and if the point is found not well taken,
will then hear the parties upon the
merits.
Criminal Division. The King VS..
Paulo Puniai and Makamaka. Attorney
General C. w. Ashford and Deputy
| Peterson for the Crown; A. Rosa for the
defendant. Forgery. Defendant Maka-
maka's exceptions from Fourth Circuit,
Kauai, August Term, 1855, Judge Dole
presiding. Defendants oral motion for
q continuance to allow time to produce
further affidavit. Continuance granted
until tomorrow.
The King VS.. Chop Tin. Attorney
General and Deputy for the Crown; A.
Rosa and V, V. Ashford for defendant
Larceny, second degree. Defendants
exceptions from Fourth Circuit. August
term, Judge Dole presiding. Appeal
argued and submitted.
Equity Division. A. H. Loo Ngawk
and Tong Chong Soy, as executors OF the
will OF T. Aki, deceased, VS.. Alexander
j. Cartwright, Samuel NJ. Damon and
Curtis P Iaukea. trustees of His Majesty
Kalakaua a. S. Hartwell for plaintiffs /;
2. Neumann and F. NJ. Hatch for de-
PENDANTS. Bill TO have a claim against
His Majesty approved and paid the same
as other debts provided for in deed OF
trust. Defendants appeal from decis-
ion OF Sept. p, 1888, OF Judge Preston
for plaintiffs. Argued and submitted.
Thurston, guardian, vs. Aylett. From
yesterday. Motion OF defendant to in
troduce new evidence is argued and
taken under consideration.
Law Division. Chas. Lorsen vs.. J. T.
L
of the estate OF ]. D. Mills, deceased. c.
Creighton for plaintiff; w. O. Smith for
defendants. Assumpsit, Sl,2l6. De
PENDANTS appeal from a decision OF
August p, 1888, OF Judge Preston, refus-
ing to grant their motion for a new trial,
aud reserying the point whether notice
OF motion for new trial must be given
at the time the exceptions to the verdict
are taken and before the jury are dis
charged After argument of the respec-
tive counsel the matter is submitted.
Napahoa (w) and Wailele, her hus-
band, VS.. The Chinese Union, Alec, Goo
Kim, A. Fl. Ngawk, trustees of said
Union. a. Rosa for plaintiffs; Cecil
Brown for defendants. Ejectment. Jury
waived, October term, 1887. Plaintiffs
appeal from decision OF April 2, 1888,
OF Judge Preston, for defendants. De-
PENDANTS oral motion that the appeal is
not properly before the Court because
the motion for 9 new trial was fled
twenty-five iays after the decision, is ar
gued and taken under consideration, and
if not sustained appeal will afterward be
heard.
Criminal Division The King VS.. Ka-
oaka and Mahelons. Deputy Attorney
General Peterson for the Crown; A.
Rosa for defendant Mahelona. Larceny
Of one case Of condensed milk and one
case Of Java coffee from T. H Davies &
Co., in Honolulu on Sept. g. 1888, val
ued at SIS. Defendant Mahelona's APP
peal from Police Court, Honolulu, where
on Sept Is, 1888, he was found guilty
and sentenced to six months imprison-
ment at hard labor and pay fine OF SO
and costs 81 50. The appeal is on the
ground that the prosecution adduced no
evidence as to who composed the firm T.
H. Davies & Co. Argued and sub
mitted.
THURSDAY, Oct. 4.
The Court opens at 1903 a. m, takes
recess from II 81 till l D. m, and at
8 a sdjourns for the day. Hawaiian
jurors TO attend tomorrow.
Law Division. Napahoa VS.. Chinese
Union. From yesterday. Defendants
oral motion OF yesterday, that appeal is
not properly brought, oyerruled. Later
in the day the exceptions are argued
and submitted.
Criminal Division. The King VS.. Pu-
Mai and Makamaka. From ID inst.
Agreed to be submitted upon briefs to
be fled on or before the 9th inst
Equity Division. H. A. Widemann
vs.. His Excellency Lorrin A. Thurston,
Minister of the Interior. A. s. Hart
well for plaintiff; Attorney-General c.
w. Ashford for defendant. Bill for in
junction, etc. Plaintiffs appeal from