The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1889-03-28
SUPREME COURT.
Hearings at Chambers-A Banco Sitting
The c. -. Bryant Libel.


Before Chief Justice Judd. on We'd
= nesday, was heard the petition OF W. L
Green for probate OF Will Of late Simon
Hardcastle, and that letters testamentar,
be issued to himself and Alex. Young a,
executors named in the will. The hear
ing was continued for further hearing, tc
allow time to produce evidence as to who
has had custody OF the will Cecil Brown
/ represented the petitioner.
PROPERTY RIGHTS OF WOMEN.
The Court sat in banco yesterday.
Present: Chief Justice Judd, Associate
F! Justices McCully. Bickerton and Dole.
/ The Chief Justice announced in Sher-
! man vs.. Harrison, that they had come
/ across a position which they thought
/ should have been taken under the second
/ XceptIon-whether If Mrs. Sherman's
| husband were alive when the suit was
brought, she could bring suit, the money
being personal property at the time when
she sold the property to Philip Milton.
and received the money.
Cecil Brown, for the appellants, argued
that the money at that time became per
sOnal property, and was the absolute
property of the husband if alive, and if
dead she would have to sue as his ad-
ministratriX, unless she could show that
the money was donated to her, or that
she sued as trustee; otherwise, she had
no suit, the nature of the property being
changed.
After argument for the plaintiff by A.
S. Hartwell, the matter was submitted
QUESTION OF DEGREES.
In the case of J. 2. Parker ct al. VS.. |
\. J. Cartwright ct al, in which a ma |
jOrity of the Court reversed the decree of !
Mr.. Justice Dole for the plaintiffs, the !
subject Of a decree in accordance with |
that bancO decision was presented to the |
Court in banco.
Mr. Hartwen read the following mo-
ton of plaintiffs for modified decree:
1.-The plaintiffs move the Court here
to grant them such relief herein as is
appropriate to the case as the same APP
pears to this Court, namely, to require
the defendant trustee to give to the
plaintiffs the preference over the said
Kahua Ranch Company in respect of the
leasing of the premises in question, and
to offer the same to the plaintiffs at the
same rental, and to require the said
Kahua Ranch COmpany's lease to be
and held subject to the &C
ceptanCe by the plaintiffs of such offer
Mr.. Smith read form OF decree which
should follow in the case, and argued
that the plaintiffs motion should be
denied.
Mr.. Brown submitted that under the
the motion could not be
granted.
The matter was taken under advise
nent.
THE ADMIRALTY COURT.
Mr.. Justice Preston presided over the
Division of the Supreme
Court, yesterday, to hear the libel of the
Hawaiian Government VS.. The Bark G.
D. Bryant. Acknowledgement G.. w.
Ashford prosecuted, and Hon. Paul
Neumann conducted the defense. The
Fearing occupied the day, from 10 o'clock
ill 4:3O, and was adjourned for argu-
nent until 10 o'clock this morning. The
called f. Turrill, Port Sur
7eyor, John Good, jr., Assistant Port
surveyor, and Edward Deversell of the
customs, and then rested. The defense
allied James Lyle, Thomas Sorenson and
1apt. E. b. Cousins for expert testi-
nOny, and Capt. J. Lee, master and part
wner OF the G, d. Bryant, and rested.
after which the prosecution called c..
OhnsOn, experimenting mechanic of the
. [. s. n. Co, and john Good, jr., in
ebuttal. \ piece of deck planking, with
Ilse trenail heads and seam, was put in
violence. 1t was the discovery of this
evice and its removal by the Port Sur
eyor which disclosed the stowage of the
ixty tins OF opium in the lazarette"
nder the wheelhouse. Captain Lee was
lOsely cross-eXamined by the prosecu-
ion, to ascertain his knowledge of the
tructure OF different compartments of
he vessel. The case turns on the ques- =
ION OF whether secret places were con-
tructed in the bark especially for the
onceament of opium. Messrs. II. F.
3lade and J. f. Hackfeld, of II. Hack
I'D q Co., agents fol- the vessel Hon.
/. 5, Cleghorn, ColIector-General of
ustOms; Mr.. f. A. Schaefer, members
the bar outside of the case, together
18th several seafAring men, were among
ne spectators at the hearing.