The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-08-10

limited in this matter, and the court
certainly has the right to interfere
when third party attempts to devas-
tate the estate The court feels that
in this instance he had jurisdiction and
the. right to punish Pahia for contempt
The court will order this petition
discharged and the petitioner will be re-
manded to the custody of the High
Sheriff until he shall have executed the
deed as ordered by the court
Attorney Robertson asked leave to
take an appeal to the Supreme Court,
which was refused by Judge Gear, who
held. as he did in the other habeas
corpus case. that there could be no ap-
peal in such proceeding. Mr.. Robert
son remarked that this case was en-
tirely different from the appeal asked
by Attorney General Dole, but the
court thought different, and the attor-
ney left the room. angrily muttering
that he would apply for another writ
from the Supreme Court
Later a notice of appeal to the Su-
preme Court was filed.
Pahia was arrested yesterday after
noon and is again in jail.
THE LOVE CASE
j. A. Magoon was again on the stand
yesterday afternoon in an attempt to
explain his actions in administering the
estate OF James Love. Mr.. Fitch and
the court both asked him to explain,
which Mr.. Magoon did to the best of
his ability, though hardly IN a manner
satisfactory to the court or to the
plaintiff.
What did the present Indebtedness
of over one thousand dollars come
FROM" asked Mr.. Fitch.
From loans made by myself TO Mr..
Love on the order of the court
Did the court say that you had to
pay yourself per cent interest to clear
up the estate?"
There was a large floating debt
which had to be settled
How much was that?"
About So, 000."
Was not a large portion of this for
goods purchased by Mr.. and Mrs. Hart
and charged to Love-"
''One bill of hardware was for Mrs.
Hart, which was paid at the request
of Mr.. Love. Some of it was bought
for Mrs. Roe"
The witness was asked specifically
concerning the transactions he had had
and became rather tangled in his an
swers. The court asked what good the
Improvement of the Emma street prop
erty did to Mr.. Loves estate, when
the house was occupied by Mrs. Hart,
and was bringing in no rental. The
witness didn't think he could answer
that question.
Fred Johnson testified that ne had
known Love five or six years ago, and
that he was often quarrelsome and
noisy.
Edward Hart was the last witness of
the afternoon. Mr.. Love had lived with
him and his wife, and during all that
time he was drunk nearly always.
When in his cups witness said that
Love became very violent, and would
smash the furniture. etc. He had gone
to see Lsve while he was staying at
Roe's, and Mrs. Roe always came into
the room and monopolized the CONVEX
sation upon such occasions
Did you ever use physical violence
to Mr.. Lover" asked Mr.. Fitch on
INSTRUMENTATION.
Only TO prevent him from hurting
himself or his daughter"
Did you ever strike or kick him?'
mo, Sir
Did you ever break one of his ribs
in these scuffles?"
No: but he might have hurt him.
self by falling down."
Witness also admitted that Mr.. Love
paid the household expenses, and that,
w
own property. The court questioned
him concerning Mr.. Loves frequenting
of auction sales, but the witness could
throw little light on the subject. The
witness testified that Love often spent
500 in two weeks.
His income was about 5000 per
month, wasn't it? He could live on that
and keep drunk much of the time
couldn't hep asked the court.
The witness admitted that he could
and also that Love, when he started
drinking remained at home Court ad-
journed at 6 o'clock, and the Love case
will be taken UP this Afternoon again.
THE KAPIOLANI ESTATE.
The case of Sister Albertina VS.. the
kapiolani Estate was on trial for the
greater part of the day, evidence be-
ing introduced as to the title to the
land in question. The trial is to be
this morning, and may be
Completed today.
COURT NOTES.
An answer making a general denial |
W as filed yesterday in the ejectment |
case of Mary H. Atcherley and others. |
An order was made yesterday for |,
advancing on the calendar the case Of
Thomas NJ. Harrison VS.. ]. A. Magoon. |
S. Ahmi. guardian of Wong Wa and |
See Chin, minors, was ordered dis
charged yesterday.