The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1896-11-04
IN THE HIGHER COURTS GONE FROM PRISON !
TWO DECISIONS HANDED DOWN
FROM THE SUPREME BENCH.
Both in Land Cases-The Circuit Court
- Criminal Docket = Pleas-Trials
and Sentences.

Three important decisions were
handed down in the Supreme Court
today. Two of the cases involved the
ownership of valuable property in
Waikiki.
L. c. Macfarlane against S. NJ. Da-
mon, c. NJ. Cooke, j. o. Carter, c. NJ.
Hyde and c. r. Bishop, trustees of the
estate of Bernice p. Bishop, exceptions
overruled, which is victory for the
Bishop estate.
E. c. Macfarlane against w. F. Allen,
exceptions overruled and Il victory
for the plaintiff.
Both of these cases are an action of
ejectment. In the first suit Macfar-
lane sought to recover a strip of land
on the western side of the stream
Apuakehau, on makai side of the Wal
kiki road. The land lies within the
boundaries of the iii of "Kaluaokau," +"
which land was originally the prop
erty of the late King Lunalilo, left by
will to Queen Dowager Emma This
iii takes all the bed of the stream ma
kai of the bridge to the sea and the
Bishop estate claim it by reason of a
parole gift in 1864 of Lunalilo. then
prince, to King Kamehameha V. The
king was living on the Kamaipuupaa's s
place, which was liable to be flooded
by freshets.
In the second suit the land claimed
by Mcfarlane was tract originally
the bed of stream within the bound
aries of the Iii of Kaluuakau. The
land has not been in the possession
of the defendant for twenty years, but
the largest part of it was made into
dry land by Mrs. Bishop by filing in
the bed of thestream in front of tue
land owned by her. Mr.. Allen claimed
the property upon the doctrine of
equitable estoppel.
The evidence showed that Mrs.
Bishop knew that the land was Queen
Emma's and that she relied upon
original promise of Lunalilo to Kane
hameha Y that he might have it if he
would build a retaining wall. Queen
Emma had acquesced to the surrend-
er of the land. The court was con
vinced that the King had built a re-
tanning wall. c. Brown was Mr.. Mac
farlane's attorney and Kinney & Bal
lou for defendants.
The highest tribunal upheld the de-
cison of the district court in the case
of Kun Lee, who was arrested and
convicted of misdemeanor for un-
lawfully carrying on the business of
laundry and washing for hire. The
court held that there were a number
of vacant rooms ready for Lee, which
had been designated as public wask-
houses by the Minister of the Interior.
Lee had openly violated the health
regulations when he refused to occu-
py one of the buildings sanctioned by
the authorities. Magoon G. Edings
were attorneys for Lee.
The time of the Circuit Court was
occupied today in the trial of criminal
cases. Paakaula, charged with selling
liquor without license, was found
not guilty and discharged. S. X Kane
was his attorney.
On motion of Attorney General
Smith the case against Chang You, for
maintaining a lottery was continued
until moved on by the prosecution.
The indictment against Kaapuni for
murder was presented and the defend
ant pleaded not guilty, The trial of
the case was set for November 0.
Kalua, who was found guilty on
Monday of unlawful possession of
opium, was fined $75 and costs by
Judge Perry.
The case of the Republic against
Kamaukoli for liquor selling without
a license is now on trial Deputy At
torney General Dole is representing
the Government and Attorney j. L.
Kaulukou is looking after the defend
ants interests.