The Hawaiian gazette., 1894-02-09
COURT NOTES.


Judge Cooper and Hawaiian jury,
begun on Wednesday, the jury re-
turned verdict in favor of plain
tiff Kala for Il half moiety of the
land situate in Manoa, in the pos
session of c. P. Iaukea, defendant.
The other plaintiff was Annie ku-
mualii who discontinued during the
progress Of the case. J. A. Magoon
and ;. X. Kane for plaintiffs c.
Brown for defendant.
VIM, H. Cummings, found guilty
of an assault upon Mrs. J. X. Iau-
kea, was sentenced to pay a fine of
S25, being $l5 more than the fine
imposed in the lower Court.
VIVA King was arraigned upon
an indictment charging her with
assault with a dangerous weapon
upon one Geo. Washington, and by
the advice of counsel her plea was
reserved. J. L. kaulukou will de-
fend.
An hour and a half was lost yes
terday morning waiting for certain
corpus deficit stored away in the
strong room of the Police Station,
which had to be used as evidence
in the conspiracy case before Judge
Whiting. The essence of the crime
was at last found and the ease pro-
cee6ed with.
The case of the Provisional Gov.
eminent versus David and Roland
Watson occupied the attention of
Judge Whiting and s Hawaiian
jury all of yesterday, and will prob
ably take all forenoon today to
conclude the same. Defendants
are charged with having cOnspired
10 implic2te one Afo with the un-
lawful possession Of opium. The
said Afo was tried at the last Nov
ember term and acquitted by for
eign jury. The theory of the prose-
cution is, that defendants them
selves possessed the opium with
which they tried to fasten the guilt
upon an innocent third party. V.
Y. Ashford for prosecution, ". C.
Achi and !. L. Kaulukou for de-
PENDANTS.
MesSrs. H. Hackfeld & Co., credi-
tors to the amount of over $4,000,
have filed 4 petition for letters of ad-
ministration upon the estate of the
ate D.H.Nahinu, of Hookena, South
kona, Hawaii. March 18th is ap-
pointed for the hearing of the ap-
plication. F. NJ. Hatch for petit
TONERS.
Another decision in the J. F. 0.
Banning estate has been filed by
the Supreme Court. 1t relates to
an appeal by the administrator, ".
F. Allen, from certain rulings made
by Circuit Judge Cooper upon ex-
to the Masters report dis
certain commissions and
that certain expenses should
be deducted from the income ac-
count only. TIE Court say that no
appeal lies therefrom on the ground
that the record shows that no final
order had been made in the matter.
either allowing OF diSaIlowing the
accounts, but that on the contrary
3 further hearing upon the pro-
priety Of the investments made by
the administrator, was contem-
plated before q final order should
be made. F. N. Hatch for the adj
ministratOr; 4. 5. Hartwell and
W. A. Kinney for the respondents.
Another decision filed BY the
Supreme Court is that relating to
the rights of married women to
execute contracts under the statute
Of 1888. The case Is entitled
Anima and Awana, storekeepers
doing business on the Island of
Kauai, against Lau kona, being
an ejectment suit of land leased by
Queen Kapiolani without the con-
sent of her husband the late King
hslakaua. The syllabus Of the
decision is as follows: "a woman
who married and acquired land
prior to the passage of the Married |
Act (Ch. NJ. Laws, 1881
may after its passage execute with |
put the consent of her husband, a |
valid lease Of such land so as to 1
sntitle the lessee to possession |
after the death of the husband"
The fifth Circuit Court had decided |
IN favor Of the defendants, where |
upon plaintiffs took their exception |
to the Appellate Court, which now
sustains the exceptions and re-
nand the case for a new trial. !
The decision was written by
Justice Frear, and is concurred in
Dy Chief Justice and Justices
Bickerton. ". A. Kinney, Judd.