The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1895-11-12


iafst a1nf st tutnl uittsu
~ Ataia nsnsts san nsri.iar be- 49,
ssusrsrsf fltf fau tiuuit
tauu.
IN thc q. n Kaufman habcas
corpus case. Marshal A. N Brown
boy bis attorney A s Humphncs
has appealed from the decision Of
the Chief Justice az Chambcfs ID
the Suprcmc Court Marshal
Brown was respondent in the habcas
corpus proceedings. he having had
the plaintiff in custody. Under ih,
Chici Justices decision. that Ruti
mann was held unconsiitulionally.
the marshal is liable 10 a damage
suit. II Is TO throw this over. and
IN the interest OF Krousc. correspond
ent, that these last procccdinl are
taken.
The Supreme Court, Judge
Whiting 10 place Of Bickerton. On,
has signed a unanimous decision in
the case Of A. Y. Gear, Ct al, vs..
G. {. Cenyon, ct al, IN favor Of the
defendant and the INd,bsadsNL
newspaper. Several points are
made by the Court 10 sustain de
PENDANTS demurrer. one Of them
is this The bill in one opinion
shows a deliberate abandonment Of
the publication OF the old IN
debeEasHf and the use
of that name as trade
mark-but with the intention Of
retaining the trade mark itself
This, as we have seen, is impos-
sible." The argument goes on to
show that the title L1dfpeHasHl
was abandoned, aud the plaintiffs
had joined hands 10 publish another
paper under a different title. The
cream Of the decision is as follows
Cd The "EnSni9g BHiLenH with
which is incorporated the Lgdsbead-
e1f' is not inlfinged upon by the
publication Of a newspaper entitled
The IadlbeAdfAL
Cd Property IN a Trademark can
not be acquired OF retained iDdepen-
IDENTIFY Of the article which the
Trademark symboiizes.
"a Intentional abandonment oi
the use Of trade mark is intention
Of the abandonment Of the right 10
the trade mark.
The demurrer is unanimously
sustained and the appeal is dismiss
ed. T.. =. Dole for plaintiff; y.
Nenmann for defendants.
In the matter Of James J. Dow.
sett vs.. Maukeala, ct al. the
Supreme Court, MagOon in place
Of BickeTtOD, has signed a uDaDi-
nous decision oyerrnliDg the ez-
ceptiOns. The points decided are
as follows: First-A new trial
will not be granted Oh the ground
that a mixed jury was not drawn
alternately as directed by the
statute. 40 objection having been
taken 10 the method Of drawing
until after the jurors had been
examined Oh the mir diy>
and accepted. and the party
sfierWard Directing 70 such draw
ing not having been prcindiced
then. SecOnd-Tcnants were liy-
ing on an abupuaa of land by per
mission Of the chief or konObiki
under the old tenure previous TO the
land commission. Such possession
is presumed 10 be- pcfnissivc after
the accord Of title TO the owner Of
the ahupuaa, unless acts were
shown which would render the pos
session adverse. Third-the de-
PENDANTS contend that the record
disclosed joint judgment
against them, whereas their occu-
patton was separate, Held, as the
point did not come 10 the Appellate
Court in the bill Of exceptions it
cannot he considered.
Kcawc, gambling was found
guilty by native Jury this morn
ing. Sentence suspended till to-
morrow. Appeal noted.
Tae Court ~ the Stevens liquor I
cases held until 1870 last night. |
At that hour the jury reported a
as 10 John Stevens
and were discharged. Mary
was acquitted.
Pac has withdrawn his appeal on
the charge Of assault and battery.
For maintaining che ia bank he
was fined t75 and Court costs.
Jack for maintaining a lottery
Was fined sIzS by Judge Magoon
his morning.
Halulu, charged witt the larceny
II $40 from A. CahiIl and given
.wo years by Judge Perry, mas
withdrawn his appeal and will
,erye the time specified.
Maibui, the man found guilty Of
maintaining a lottery by a native
ury yesterday, was sentenced TO
pay fine Of sIoo by Judge Magoon
his morning.