The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-11-15
Government Defeat in a Small
Land Case.
WAS 4 TRIAL By JURY
Papers in Estate of Late Antoine
in Coon Bond Matter.

In the Circuit Court, First Circuit.
. before Judge Stanley. Henry Z. Coop
er. Minister Of Public instruction. vs..
Mrs NaeOIe Hao. ejectment, the TO-
lowing jurors were drawn: Dan IA
maka. KiIiona, Jos. Rosa, Jno. y. Tay-
Tor, Jno Makaena, II. y Crabbe. ".
". Kekipi. Chas. Silva. T. c. Mcclure.
J. Nolan. G. H. Karatti and NJ. KeHiaa.
Mr.. /. c. 4. Atkinson reads com
plant
Mr.. Arthur Wilder reads answer.
Mr.. Atkinson calls as witnesses Jas.
| H. Boyd and Walter Z. Wall and offers
in evidence Royal Patent No. 80, also
certified copy of measurements and
boundaries of Apana ) of Board OF Ed
ucation Grant No. 80.
Mr. Wilder admits that the defend
ant was in possession of the premises
at the time Mr.. Wall surveyed the
land.
Jas. H. Boyd. being recalled. plain
tiff rests.
Mr.. Wilder asks the Court 10 in
struct the jury TO give a verdict for the
defendant on the. ground that plaintif
self.
jury excused during argument OF
counsel, and on resuming the after
noon session, the Court hears further
argument by Mr.. Atkinson.
The Court renders an oral decision
granting the motion of defendant. and
after the jurors had taken their seats.
the Court instructs them to retire to
the jury room and to give a verdict
for the defendant.
Mr.. z. p. Dole notes an exception to
the instruction of the Court.
AT /: 90 p. m. the jury retires to the
jury room and returns in five minutes
with the verdict. none dissenting.
Mr.. Atkinson excerpts to the verdict
as contrary to the law and the evil
dence. and gives notice of a motion tor
new trial.
The Court discharges the jury from
further duty on this case. p. d. Kel-
lett, Jr., clerk.
Following is an extract from the
complaint in the above case: That
the defendant has unlawfully. unjustly
and contrary to the rights of the plain
tiff. taken into her possession and con-
verified TO her use and occupation all
those premises situate at Waipio. Eva
Oahu. being School Grant 80. Apana ;.
and bounded and described as follows.
etc"
In the matter of Jno. II. Soper and
E. s. Valentine vs.. Benjamin +. Dill
bingham and Waialua Agricultural Co,
Ltd, injunction prohibiting said de-
PENDANTS from issuing or disposing of
any of the shares of stock in said Wal
alua Agricultural Co. Ltd, under pen
atty of being adjudged guilty of CON
tempt of court, return has been made
TO George Lucas, clerk of Circuit Court,
of the Chambers Summons, service OF
writ being duly certified by c. f. Chill
| lingwOrth, Deputy Marshal.
In pursuance OF the terms of writ of
execution in the cause of Charlotte
| Boyd vs.. John Gandall. Chas. F. Chill
| ingworth, Deputy Marshal has collect
ed S54, with fees $40. and returned
| the write duly executed.
In the Circuit Court, First Circuit.
c. Lai Young, guardian OF the person
and property of Laahia. a minor, vs..
J. II. Barenaba. in equity. stipulation
has been filed by Lyle y. Dickey and
J. +. de Bolt. attorneys for plaintiff
and defendant respectively. that the
defendant, J. II. Bareaaba may have
until December LIST. 1898. to file his
answer herein.
In the same court. VI. Porter. admin
istrator. Us. J. II. King and J. X. sum
ner, assumpsit. W. r. Castle and r. l..
Weaver have Withdrawn as attorneys
for defendant J. *. Sumner and say
that they have not been his attorneys
since October LIST. 1898.
John +. Colburn. by his attorney. /.
\. ThurSton. has filed petition in the
Circuit Court as executor of the will
| of Antoine Rosa. deceased, part OF
| which is here set forth:
THAT he has advertised for claims
of creditors in accordance with law.
THAT claims have been filed with
| him in response TO such advertisement
! by creditors secured by mortgage TO
/ the amount OF S5,SS5.
! That claims unsecured by mortgage
! have been filed with him 10 the amour,
of $1.O47.G7.
Such claims amounting IN all 10
! $7.032.67
That there is now pending in the
! First Circuit Court. in equity. a sUir
/ against the said Antoine Rosa wherein
! one Mahuka claims the sum OF $4,000
/ which claim was disputed by the said
! Antoine Rosa during his lifetime and
/ petitioner Is unable 10 say what. il
! anything. may finally be found 20 be
due under said claim:
That petitioner is informed and be
! lieVes that on reference 10 Henry
Smith. as master Of the said claim
| the said master reported in favor O.
I the allowance Of such claim 20 TN,
amount of S2,294. and that petitioner j.
informed that said Mahuka is willus
TO accept the sum OF $4,000 in full O.
said claim;
That the personal property of Tn,
/ said estate is entirely inadequate @,
meet the said claims and il Will Do
impossible 10 pay them unless the rea
1 Of ? h - ii