The Hawaiian gazette., 1889-04-02
SUPREME COURT.
Hearings at Chambers-A Banco Sitting |
The c. ID. Bryant Libel.

WILL OF SIMON HARDCAsTLE.
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 testamentary
be issued to himself and Alex. Young as
executors named in the will The hear
ing was continued for further hearing, to
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
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
experimentation, 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. p. Parker ct al. vs.
A. 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 Il decree in accordance with
that banCO decision was presented to the
Court in banco.
Mr.. Hartwell read the following mo-
ton OF plaintiffs for u modified decree:
THE plaintiffs move the Court here
to grant them such relief herein as is
appropriate to the case as the same ip-
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
hahua Ranch Company's lease to be |
and held subject to the ac-
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 |
pleadings, the motion could not be
granted.
The matter was taken under advise
ment.
THE ADMIRALTY COURT.
Mr.. Justice Preston presided over the
Division OF the Supreme
Court, Wednesday, to hear the libel OF the
Hawaiian Government VS.. The Bark G..
D. Bryant. Acknowledgement G. w.
Ashford prosecuted, and Hon. Paul
Ieumann conducted the defense. The
hearing occupied the day, from 10o'clock
ill 4:30, and was adjourned for argu-
nent until 10 O'Clock next morning. The
called F. Turrill, Port Sur
'eyOr, John Good, jr., Assistant Port
surveyor, and Edward Deversell OF the
customs, and then rested. The defense
allied James Lyle. Thomas Sorenson and
capt. E. B. Cousins for expert ~testi-
nOny, and Capt. j Lee, master and part
wner OF the C. D. Bryant, and rested.
after which the prosecution called G..
ohnson, experimenting mechanic OF the
|. S. N. Co., and John Good, jr., in
ebuttal. A piece of deck planking, with
alse trenail heads and seam, was put in
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 9. lazarette''
nder the wheelhouse. Captain Lee was
losely cross-eXamined by the prosecu-
on, to ascertain his knowledge OF the
sructure OF different compartments of c
le vessel. The case turns on the ques- b
on of whether secret places were con
ructed in the bark especially for the
oncealment OF opium. Messrs. II. L.
lade and j. f. Hackfeld, OF II. Hack
Id & Co., agents fol- the vessel; Hon.
. S. Cleghorn, Collector-General of
ustoms; Mr.. L. A. Schaefer, members r
the bar outside of the case, together :
it'll several seafaring men, were among a
lie spectators at the hearing. S