The Hawaiian gazette., 1898-11-15
Government Defeat IN a Small
Land Case.
MAS A TRIAL BY JURY
Pspers IN Estate OF Late Antoine
Rosa-A Pending suit Litigation
In Coon Bond Matter.

In the Circuit Court. First Circuit,
before Judge STANLEY. Henry Il. Coop
or, Minister OF Public Instruction. vs.
Mrs. Naeole iiao, ejectment. the TO
lowing jurors were drawn: Dan ha-
maka, Kiliona. Jos. Rosa, Jno. n. Tay-
Tor, Jno Makaena, n. n. Crabbe, "
W. Kekipi. Chas. Silva, T. c. Mcclure
J. Nolan, q. II. Karatti and NJ. Keiiiaa.
Mr.. l.. c. A. Atkinson reads com
plant.
Mr.. Arthur Wilder reads answer.
Mr.. Atkinson calls as witnesses Jas.
II. Boyd and Walter L. Wall and offers
in evidence Royal Patent No. 30, a'so
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. II. Boyd being recalled plain
tin rests.
Mr.. Wilder asks the Court to in
s,r,,., tho inrv 90 Give q verdic, Tor tho
d.,andan, ON ,,a oro,nd ,hat ,Iai,,i,,
~ aha,, - i'll ,,ha,a,,a,. a., ~,
self.
.o,,ns.I and q, ras,,n;na ,ha a,,or-
s,I ~ c.. ,,,,
argument by Mr.. Atkinson.
a
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.. 4. p. Dole notes an exception to
the instruction OF the Court.
allies D. 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 n motion for
a new trial.
The Court discharges the Jury from
further duty on this case. p. ID. 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
tin, taken into her possession and con-
verted to her use and occupation all
those premises situate at Waipio, Eva,
Oahu, being School Grant 30, Apana s,
and bounded and described as follows,
etc"
In the matter of Jno II. Soper and
4. 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
of the Chambers Summons. service of
writ being duly certified by c. +. Chill
lingworth, Deputy Marshal.
In pursuance OF the terms of writ of
execution in the cause of Charlotte
Boyd VS.. John Gandall. Chas. +. Chill
lingwOrth, 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 Iaahia, a minor, VS..
]. II. Barenaba, in equity, stipulation
has been filed by Lyle A. Dickey and
J. II. de Bolt, attorneys for plaintiff
and defendant respectively, that the
defendant, j. II. Barenaba may have
until December 1st, 1898, to file his
answer herein.
In the same court NJ porter admin
istrator. Wa. ]. II King and 7 x sum
ner. assumpsit, w r Castle and p l.
Weaver have Withdrawn az attorneys
for defendant ! X Sumner and cav
that thew have not been his attorneys
since October LIST. 1895
John r. Colburn, by his attorney L,
A. Thurstop. has filed petition in the
Circuit Court az executor of The will
OF Antoine Rosa. deceased, mar, nj
which "a here act forth.
"That he has advertised for claims
Of creditors I'm accordance with law
"That claims have been fled with
him An response IN such advertisement
NV creditnrs secured NV mortgage IN
- co.