The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1888-07-31
WEEKLY COURT RECORD.
sunreme court-July Term.
MR.. JUSTICE PRESTON PRESIDING.

The Court opens at 10 ia a. M, ana
at IL IS a. m. adjourns for the day.
Present: Judd, c. j., McCully, Preston,
Bickerton and Dole, j., sitting IN
banco.
The King VS.. Young Hong. Question
reserved. A. P. Peterson for the Crown;
V. V. Ashford and W. A. Whiting for
defendant. Argued and submitted.
The King VS.. All Har ct al. EScep-
tons from Second Circuit. Attorney
General C. W. Ashford and Deputy
Peterson for the Crown w. A. Kinney
for defendants. Exceptions overruled.
Bankruptcy of u. On Chong. APP
peal OF L. Ahlo. c. Creighton for ap-
pellant; F. NJ. Hatch Tor assignee.
Argued and submitted.
Collector OF Customs VS.. G. W. Mac
farlane & Co. Appeals on defendants
demurrer. Attorney-General and Dep
uty for plaintiff; Hatch for defendants.
Decision read sustaining demurrer.
Collector of Customs VS.. II. 4. Mac
iarlane. Appeal on defendants demur-
rer. Attorney-General and Deputy for
plaintiff; Hatch for defendant. De-
cision read sustaining demurrer.
Collector of Customs VS.. w. S. Luce.
Appeals on defendants demurrer. At
torney-General and Deputy for plaintiff;
w. A. Whiting for defendant. Decision
read sustaining demurrer.
MONDAY, July %.
The Court opens at 10 a. M, foreign
Jurors in attendance, takes noon recess
of one hour, and at 3 81 p. m. adiourns
for the day.
Criminal Division.-The King VS.. All
Mung. Gaming. Deputy Attorney.Gen-
eral Peterson for the Crown; V. ".
Ashford for defendant. Appeal from
Police Court, Honolulu. Defendant is
called three times, and failing to ans
wer his bail is declared forfeited and
his appeal is dismissed.
The King VS.. All Hang and All Gloon.
Gaming. Same counsel are entered as
in the above case, and the case is ended
in the same way.
Law Division. Lorsen VS.. j.
T. Waterhouse and F. S. Lyman, ex-
ecutors estate J. D. Mills. Assumpsit,
claims of s., 26S and 1897 80 respectively.
c. Creighton for plaintiff; W. o. Smith
ior defendants. The following jurors
are sworn: T. s. Douglas, L. G. Ables,
F. Harrison. John NJ. Angus, Hamilton
johnson, E. F. Bishop, L. T. Valentine,
J. II. Bruins, jr., VIM. Lishman, V. j..
Fageroos, F. E. Nichols, w. b. Aldrich.
Mr. Creighton's motion TO strike out his
clients claim for $237 50 is granted. At
g :27 o'clock the jury retires and returns
at 8 AZ with g verdict for plaintiff, one
Juror dissenting. Mr. Smith notes ex-
ceptions and gives notice Of motion Tor q
new trial on the ground that the verdict
is contrary to the law and the evidence.
Mr.. Creighton had noted exceptions to
points in the Judges charge.
TUESDAY, July "a.
The Court opens at 10 :04 q. m, foreign
jurors in attendance; ST 10 .25 takes q
recess until p. m; meets again at 2 p.
m, and at AS p. N. adiourns until 10
g. m. tomorrow.
Divorce Division. -Keliikoaaina wv
VS.. Puniai (k.} A. Rosa for plaintiff
defendant in person. Divorce granted
for extreme cruelty and failure to pro-
vide for plaintiff, the defendant to pay
all costs.
WEDNESDAY, July %.
The Court opens at 10 a. m, foreign
jurors in attendance; takes recess from
u to o'clock. and at sos p. N.
sdjourns.
Law Division. G. W. Macfarlane &
Co. VS.. J. s. McCandless; G. K. Bishop
ct al, Trustees under will Of B. Z.
Bishop, garnishees. Assumpsit, claim
$3.50 81. w. A. Kinney for plaintiff V.
V. Ashford for defendant The follow
ing Jurors are sworn to try the case: I.
S. Douglas, j. NJ. Angus, j. H Bruins,
jr., Chas. Crozier, H Johnson, j. G.
Ables, J. E. Bidwell, W. ]. Forsyth, NJ.
Goldberg, L. T. Valentine, Z. F. Bishop
and c. j. Deering. .
Mr.. Kinney opens 10 the jury; calls
as a witness q. W Macfarlane.
Mr.. Ashford offers in evidence q copy
of the DAILY PACIFIC COMMERCIAL AD-
vERTIsER dated July 3, 1888, containing
notice OF close of partnership between
g. W. and H. Macforlane.
Mr.. Kinney himself testifies. Plain
tiffs rest.
Mr.. Ashford orally moves the Court tc
instruct the jury to give verdict for the
defendant, inasmuch as the plaintiff has
failed to prove that Henry Macfarlane
was not in partnership with q. W. Mac
farlane at time this claim was made.
After hearing arguments OF the re-
spective counsel, the Court announces il
will leave the matter to the jury.
Mr.. Ashford, resuming, calls A. F
Judd, c. J., and J. S. McCandless
offers in evidence a receipt dated March
l9, 1887, by e. w. Macfarlane & Co. &c
]. S. and /. L. McCandless for $349 81
with several endorsements upon it; also
offers in evidence a bill of an account
dated March 10, 1883, by 6. w. Mac
tarlane & Co. against j. 5. McCandless
for 1859 50, for casing pipe and charges
Calls l. l. McCandless and rests.
Mr.. Kinney recalls G, w, Macfarl sne
and rests.
The jury retire at IT and returning
at AIS ak for further instructions
which are given. At 4:57 the jury re-
turn q verdict ''that on March Il, 1888
the firm of G.. W. Macfarlane & Co. con-
sisted of 6. W. and H. r. Macfarlane'
three dissenting.
The Court directs that judgment be
entered for the defendant on the issue
decided by the verdict.
Mr.. Kinney asks that the verdict be
entered on the record as rendered.
The Court says that should be done
and also judgment entered for defendant
on that issue.
Mr.. Kinney states that he excerpts tc
the judgment.
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