The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1893-10-16
COURT CHRONICLE.
Another Decision in Speckels VS..
Macfarlane "Disorderly House"
Case.

vase.
Judge Whiting has rendered a de
cision on the motion to postpone
sale and stay execution, in the case
of Claus Spreckels VS.. q. w. Mac
farlane. He finds that an order for
a commission for partition has been
granted in the case of the Hawaiian
Commercial and Sugar Co. VS.. the
Waikapu Sugar Co. Also, that values
and rights of the Waikapu Sugar
| Co. are involved and uncertain owing
to the pending litigation. Further,
that although Spreckels is entitled
to collect the full amount of the
debt due on the note now settled by
decree, amounting TO Sl54, ,454.l7, yet
he only paid for the note and ac-
crued interest some SO, 600; and in
case the decree is not satisfied by
the amount obtained from the sale
of the shares, then judgment for the
balance will be entered against de-
fendant. His Honor therefore con-
cluueS:
Il am Of opinion that to permit
the sale to be made now would re-
suit in great hardship to the defend
ant, and on the other hand in little
or no injury to the plaintiff; and
justice requires postponement of
the sale and temporary stay of
execution, but it must be kept in
view that there be no unnecessary
delay in the settlement of the parti-
ton case. And | grant the motion
III so far as to stay execution tenn
porarly until Wednesday, Decem-
Der 70, 1893, and direct that the sale
be postponed and continued to said
I Wednesday, Dec. 20, 1898. An order
will be signed in accordance here
with" +. NJ. Hatch for plaintiff;
a. S. Hartwell, Carter a Carter and
{. W. Ashford for defendant.
In the partition case the II. G. d
5. Co. has nominated Alex. Young.
and the Waikapu Sugar Co., by u.
W. Iacfarlane, Fred. Wundenberg
as commissioners. The Chief Justice
will nominate third commissioner
The Supreme Court has rendered
a unanimous decision, prepared by
Chief Justice Judd, on the appeal
of E. Very against conviction in the
District Court for keeping disor
derly house, to wit, a house kept iol
the sale of Intoxicating drink with
, out a license. Richards, boarde
at the Halfway House, Nuuanu Val
ley, furnished whiskey TO three per
sons, two of whom were detectives
while Very, the proprietor, wa
, asleep in an adjoining room. Rich
, ards was found guilty in the Distric
Court of selling liquor without
license, but on appeal to the Circui
Court was acquitted by Hawaiian
jury. Very was fined SO in tn
District Court on account of tn
sale in question, and appealed on
point of law to the Supreme Court
The Court sustains the appeal all,
5 discharges the defendant, holding a
, follows: Upon charge of keeping
a disorderly house, to wit, a hous
kept for the sale of Intoxicating
drink without license, conviction
: cannot be sustained upon proof o
a single act of sale, without proof 0
other facts or circumstances tend
ing to show that the house wa
> kept for that purpose" Attorney
General W. o. Smith for prosecu
! ton; G. w. Ashford for defendant
e. &. l.. Carter, temporary admins
, traitor OF the estate of d. Hanley
deceased, has filed an account, show
ing receipts of S534O, and expend
: lures Of S6.65.