The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-08-09
SPEEDY TRIAL PRISONERS RIGHT
WILLIE HALLS AUNT PETITIONS
TO HAVE HIM DECLARED
A sPENoTHRIFT.
Mr.. Atkinson Diseiaims Title and
Tenders Back RenssEfsdsraI
Jury to Be lnpsneIed ThEs Morn-
ins-5rysnt Admiralty Libel.

The Supreme Court yesterday mora
ing handed down a decision in the case
of Mrs Virginia Comes vs. the Por-
tuguese Mutual Benefit Society OF aa-
waii sustaining the decision OF
Judge Humphreys in the First Cir
cult Court
The opinion is by Chief Justice
Frear. Justice Galbraith and L A. An
drews in place of Justice Perry, dis
qualified, coneurring.
The syllabus Of the opinion is as
follows: The bylaws Of a mutual
benefit society permitted a sick mem
Der to elect either s125 per day during
his Illness. or medical attendance.
medicine and half a dollar a day."
or the amount of his hospital bill up
to s1.25 a day A sick member elected
medical attendance" but afrerwari
went to a hospital after being inform
ed by the soeiety's officers that If he
did so he could nave only S125 \ day
He also signed note for s400 loaned
by the society to pay for an operation
at the hospital.
Held. he changed his election from
the second to the third class of hone-
fits and that therefore the note was
not void for want OF consideration as
suming that the society would have
been liable for the operation as med
icaI attendance" in case the member
had continued under his first election
and that the note would in such case
have been void.
The action was brought fer the pur-
pose OF compelling the society to Pay
benefits due to the late husband of
the plaintiff. Notwithstanding a note
for s400 owed to the society by TIE
plaintiff.
The deceased became i'll in 1899.
when he was member OF the society
Having the choice of various kinds OF
benefits he decided to remain at home
and permit the society to pay his
medical attendance, medicine expen-
ses and give him ffty cents q LAY.
rather than be sent to the hospital
and have his expenses paid there and
enough money given him to mske
s1.25 a day.
After having remained at home for
some time Comes made up his mind
to go to the hospital and have an oper.
alton performed
Four hundred dollars was advanced
by the society on note OF the hus-
band and wife to pay for the operation.
After Comes died the widow brought
suit for the full sum Of benefits due.
. not taking the note into consideration.
It was held by Judge Humphreys
that in going to the hospital Comes
changed the class OF benefits TO which
he was entitled and the case was
therefore thrown out Of court
W. A. Whiting. ". ]. Robinson and
J. NJ. vivas for plaintiff: ]. T. De Boil
: Tor defendant
: Judge Gear announced from the
! bench yesterday morning that the
criminal calendar would be called on
!. Monday morning next
The Court stated that while it was
a its desire TO expedite eivil matters
5 the prior right OF prisoners TO :
5 speedy trial would be recognized aud
r all who demand immediate trial vii
have it. In the event os any defend
4 ants consenting 20 a postpoasmsn.
their cases win be put over TO the nezl
j term.
: One OF the trial jurors. G. F. Ren
, ton. presented his commission ~ |
' United States postmaster 20 Judge
d Gear yesterday morning. He Vas ex
4 cused for the term.
h Application vas made yesterday af
e tsrnoon By petition TO Judge Gear Il
9 have William A. Han declared |
1 spendthrlft and trnst created 70 lool
4 aftar bis property.
Mrs Fehlbehr, whites arm. mad