The Hawaiian gazette., 1889-04-30
II CHA:iBERs.

at 80 p. N.
At CHAMBERS.
Before Chief Justice Judd, the petition
| OF W. H. Cummings, guardian OF w. G..
Cummings, minor, for license to sell
real estate, was partly heard and con-
tin#ed-W. G. Achi, attorney, and the
petitioner in person appearing. The
real estate in question is parcel Of land
at Wailuku, containing an area OF g.
100 acres.
\ Horse Doctor Case on Second Trial
Progress Made in Appeal Term.
The second trial of Marcus A. Colburn
VS.. Richard Gaylord began before the
following mixed jury at the April term
on Thursday; W. B. Rice, John Kua-
ana, J. Paakaula, J. Uapahuelua, Albert
Trask, J. U. Kapuhini, E. A. McInerny,
Godfrey Brown, J. K.Wilder, o. Branch,
K. W. Cathcart, ". T. Allen. 1t is an
action OF tort, damages $500, for the loss
Of a horse defendant was treating for
plaintiff. The jury disagreed last term.
A. Rosa for plaintiff; V. V. Ashford and
c. Creighton for defendant. The trial
at :05 to 10 o'clock next morning.
APPEAL DAY.
Chief Justice Judd presided at the
monthly appeal term at Chambers, and
the calendar was called with the follow
ing results:
The King vs.. Geo. Z. Edwards. AS
sault. Appeal from District Court, Wal
amaze Deputy Acknowledgement Peter
son for the Crown; defendant for him
Self. 4 nolle prosequi was entered and
allowed.
Tie King VS.. Alex. Louis. Malicious
mischief Appeal from Police Court,
Kaeo for defendant. Nolie prosequi al
lowed on terms of costs not being re-
turned.
A. Kauhi VS.. J. Cooke. Assumpsit,
$25. Defendants appeal from District
Court, Eva. ". G. Achi for plaintiff;
W. 0. Smith for defendant. Appeal
withdrawn; matter settled out OF Court.
d. j. Lopez VS.. c. L. Brito. Assump-
sit, $780, Defendants appeal from
Police Court, Honolulu. G.. Creighton
for plaintiff; P. Neumann for defendant.
Argued and decision reserved.
Young Now VS.. J. H. Soper. Re-
Plevin. Defendants appeal from Police
Court, Honolulu V. Y. Ashford for
plaintiff, Smith for Castle, defendants
attorney. Ordered to stand over for the |
present.
James Gay VS.. j. P. Mendonca. AS
sumpsit, $lS3 75 Plaintiff appeal from |
Police Court, Honolulu G.. Creighton |
for plaintiff: T.. L. Carter for defendant. |
Continued to Friday. Nav Sd.
Eleven cases were continued.
Verdict of Three Hundred Dollars for |
Colburn-Matters Heard at Cham |
bers.
In the case OF Marcus A. Colburn VS.. |
Richard Gaylord, Mr.. Ashford addressed |
the jury for the defendant at 2 :95 p. m.
Friday. Mr.. Rosa followed at 80 for |
the plaintiff. Mr.. Justice Dole began
his charge at 3 80. He said the matter
was fortunately narrowed by the admis
sion that mal-treatment had killed the
horse. The only question was one OF
fact, whether the defendant had per-
formed the fatal part Of the treatment.
Interest might be allowed in case of
damages being found, but the verdict
could not be for more than $500. At
4 10 the jury retired, returning ten min
utes later with verdict OF $500 for the
plaintiff, three jurors dissenting. Mr..
Creighton noted exceptions to the YER
dict as being contrary to the law and the
evidence, damages being excessive, and
gave notice of motion for a new trial.
When the jury retired the divorce case
of Kamalu * VS.. Waiwaiole w. was
begun w. G. Achi for the plaintiff; no
counsel for defendant.
AT CHAMBERS.
]. NJ. Monsarrat VS.. A. H. Loo Ngawk
ct al. Bill to quiet title and injunction.
A. S. Hartwell for plaintiff; Neumann
was argued and submitted before Mr..
Justice Preston.
Kaleialii (k.) VS.. Kekuawela (k.)
Trover DEFENDANTS appeal from the
Police Court of Honolulu, where on
March 80, 1889, judgment was rendered
for plaintiff for damages $40 and costs
So 60, in all $143 IS. The Chief Justice
heard the above case continued from
A. p Peterson for plaintiff;
w. o. Smith for defendant. The Court
gave judgment for plaintiff for 800, and,
as judgment of lower court was reduced
over one-fifth, ordered that plaintiff pay
costs. Plaintiff noted an appeal pro
lorna to jury.
Chief Justice Judd granted petition of
S. NJ. Damon, guardian of Helen A.
Dickson, for approval OF accounts and
his discharge The grounds OF petition
were that W. T. Allen had been appoint
ed guardian of the minor under the will
Of Mrs. Laura F. Dickson, and to him
petitioner had paid without deduction
the amount OF a legacy, 81 ,S53 80, under
the will of Mrs Catherine Bates OF Gin
cinnati
Close of the April Term-Criminal Cases
Over to July.
The April terms last session was held
on Saturday. Motions for new trials
were refused in Joliya VS.. Kaulukou and
Colburn VS. Gaylord, exceptions to the
decision being noted in each case.
F. Blackburn pleaded guilty to fast
Irving, in his appeal from conviction
N the Police Court He wished to with {
draw his plea later but was not al
owed, whereupon he noted exceptions.
All untried criminal cases were con- /
inued to the July term. The Court adj
burned sine die at y 80 pm. Ii
hOrtgagee's Notice of Fore !
oInCuPo