The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-09-07


land in Manoa, Honolulu, $1,000;
one piano, $500; total, $7,770
The guardian also petitions to the
Circuit Court for an order permitting
the sale of the land situate at Kikihale,
Honolulu, being a portion of l.. G. A.
137 to Maalohia. The guardian states
that certain other premises are subject
to valid mortgage which was placed
thereon before the said property was
conveyed to the minor, and there is
now due and owing under said mort
sage about $500; that the young man is
DESTROYS of completb . his education
and of enIering Oahu College for that
purpose; that the income of his lands
and personal property are not sufficient
to pay off the mortgage and to leave
sufficient for his support, maintenance
and education; that the land heretofore
described is unproductive. there being
no buildings upon the property, the
same having been burned down in the
fire of January 20; that the premises
are within the fire limits and cannot
be made productive without the cree
ton of a brick building. 50 1000 has been
offered for the land which petitioner
believes to be a fair price for same.
JUROR WELDON WAS LATE.
w. G. Weldon, one of the jurors sit
ting in the Circuit Court on the case of
the two Ichis charged with assault with
a deadly weapon, was five minutes late
in reaching the courtroom for the af-
ternoon session. An awful silence Eel
upon the assembled multitude of jurors,
attorneys, interpreters and spectators,
and visions of a fine anywhere between
IS and s25 stood out in bold relief.
Nothing was heard during the five min
utes wait but the scratching of Judge
\ Humphreys pen. The eleven jurors
/ who were prompt were wreathed in
smiles at the prospect Of what would
| happen to the luckless twelfth juror. At
length Mr.. Weldon entered the court
I room and made Decline for the jury
| box The Judge spoke and reminded
Mr.. Weldon that promptitude was es-
sential in the halls of justice. Mr.. Wee
don explained during the intervals that
he was not catching his breath, that his
foreman, Herman Niemann, had been
| kicked by a horse and he had stopped
to attend him. The excuse was accept
ed and Mr.. Weedon's dollars were al
lowed to remain in his jeans.
In Judge Estee's court yesterday elev-
IN persons were admitted to citizenship.
l.. X Kentwell, Wales; A. G. Kenne-
gosser. Germany; William Thompson,
England: William HASTE, Scotland;
j. ]. Locker. Germany; r. NJ. McCaul-
ey. Scotland; Arthur Irvine, Ireland;
Manuel Andrade, Portugal; c. E. Ward,
Ireland: George Lambert, Sweden,
George Nystrom. Russia.
IN JUDGE ESTEE'S COURT.
In the case of Solters against the ship
Caruedd Lleweliyn, Judge Estee ex-
tended the date for the filing of the
answer to the libel until Monday morn
ling at 10 o'clock.
Davis q Gear, representing Benson
* White against the bark Empire
and Collins ct al. against the same yes
sci, moved for hearing. and the cas-
will be brought up at o'clock this af
ternoon.
REFEREE IN BANKRUPTCY.
Frank T.. Thompson has been ap
: POINTED by Judge Estee referee il
! bankruptcy for the Island of Oahu.
KITS CASE SET FOR TODAY.
| Case of the Territory of Hawai-
I against Xii (k) for malicious burning
will be taken up this morning at
/, o'clock. strauss for defendant
, DECISION FOR 10 KAN.
o One who goes upon the premises G
. another by night for lawful purpos'
: and on the invitation of one rightfull
y occupying the premises. without tn
knowledge or consent of the owner. re
I mains over night, is not there 'withou
h lawful excuse
n The above is taken from the syllabu
n Of the Supreme Court decision in I'll
: ease of the Territory OF Hawaii vs..
Kan, the latter having been charge
with the offense of violating section g
of the Penal Laws of 1897, on Januar
%. 1900, by being found on the premise
- of one G. Bolte, by night, without Law
p full excuse. In the lower court LO ka
n was found guilty of the charge. TT
e opinion of the court is rendered by Jul
r tice Galbraith, which is concurred in
i, Chief Justice Frear and j. A. Magoo
"a in place of Perry. and n new trial
ordered
y, Justice Galbraith states in his opil
II ion that the defendant excepted to Il
1t charge of the Circuit Judge to the jul
Is and also to the order overruling h
m motion for a new trial The prosec
r, ton of the case was brought und
section $40 of the Penal Laws, viii,
III reads in part: "s Or any pers,
who is lewd. wanton or lascivious
ne speech or behavior, or any person WI
et has no visible means of support,
o. who wanders abroad or who plac
"a himself in any public place to beg ain
or who is found by night wit
out lawful excuse, in or upon al
dwelling house or any enclosed yaI
or on board vessel, shall be punish
90 by Imprisonment at hard labor n
more than six months
UT While there is some conflict in I
Se evidence. the testimony tends to su
of port the following facts: That n
to Bolte, of Judd street, had a number
es Asiatic servants; these together with
GO Chinese fisherman, with the conse
!, and knowledge of Mr.. Bolte, occupi
- building on the premises as "se
w. wants quarters" On January %. wit
TO out the consent of AIr. Bolte, the {
al PENDANT called at the quarters at
$40 i'm the evening for the purpose of C
of lecting 800 due him from one of the
" cupants, the Chinese fisherman. 7
- money was collected and the defends
i's fingered to talk over business and soc
OIL matters until about $3.50 o'clock. 7
ic- defendant was then afraid to. ventl
sh out for fear of being robbed and
Did the invitation of one of the occupar
,es stayed over night, returned the n,